BABA MUSAH & 2 ORS VS REPUBLIC
2024
COURT OF APPEAL
GHANA
CORAM
- ROSETTA SOPHIA BERNASKO ESSAH JA (PRESIDING)
- NOVISI ARYENE JA
- JENNIFER DADZIE JA
Areas of Law
- Criminal Law and Procedure
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Appellant was convicted by the Circuit Court, Tarkwa, of conspiracy to commit robbery and robbery, and was sentenced to 20 years IHL on each count concurrently. His appeal against the conviction and sentence was dismissed by the High Court, Tarkwa. Dissatisfied, the appellant filed a second appeal seeking a reduction in sentence to the statutory minimum of 15 years. Given that the trial court did not consider mitigating factors such as the appellant's young age and first-time offender status, and failed to account for the period of incarceration pre-trial, the Court of Appeal reduced the sentence to 16 years IHL on each count, to run concurrently.
NOVISI ARYENE JA:
INTRODUCTION
Appellant was arraigned before the Circuit Court, Tarkwa, on two counts of conspiracy to commit Robbery and Robbery, contrary to Sections 23(1) and 149 of Act 29/60 (as amended by Criminal Code (Amendment) Act 646 of 2003), respectively. Appellant pleaded guilty to both counts and was sentenced to twenty years IHL on each count to run concurrently. His appeal to the High Court Tarkwa, against conviction and sentence, was dismissed.
This is a second appeal by appellant with a prayer for the sentence of 20 years IHL to be reduced to the minimum of 15 years.
FACTS OF THE CASE
The facts of the case as presented to the trial Circuit Court by the Prosecution are that, Appellant and two other accused persons planned to rob China Sing Zhan Dynamite Company, a company situate near Bogoso in the Western Region. Armed with a club, they scaled the fence wall of the company and entered the premises. At the sight of the intruders, the workers took to their heels, running for dear life. The complainant, a Chinese foreman who was trapped in a room within the yard, was assaulted by the accused persons with the club causing him injuries. The assailants made away with a pump action gun, two mobile phones, a solar scale machine and cash of GH¢1,000.00.
When the Police arrived on the crime scene, they found the complainant with a fractured left arm, lying unconscious. He was rushed to a Clinic and was later referred to Effia Nkwanta Hospital, Sekondi for treatment. According to the Prosecution, he has since been flown to China for further treatment.
Upon intelligence report, the Appellant and 2nd accused were arrested at their hideout in a village in the Ashanti Region, and the solar scale was retrieved from Appellant’s room. The accused persons were charged with the offences and arraigned before court. Appellant confessed to the offence and on 19th July 2017, was convicted on his own plea and sentenced to 20 years IHL on each count.
APPEAL BEFORE THE HIGH COURT TARKWA
At the first appellate court, the judgment of the Circuit Court was assailed under the following grounds of appeal;
I. That the trial circuit court erred in accepting the plea of “Guilty” by the appellant without explaining the consequences to the appellant.
II. That the sentence of 20 years in hard labour, is harsh and excessive taking into consideration the circumstances of the case.
III. That further grounds of appeal will be filed upon receipt of the record of appea