BISMARK DOGBE v. THE REPUBLIC
2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A. (PRESIDING)
- JANAPARE BARTELS KODWO, J.A.
- BERNASKO ESSAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per S. R. Bernasko Essah, J.A., considered an appeal by an accused convicted of robbery after he confronted a nursing student from Ho Nursing Training College with a gun and knife, robbed her of an Infinix Hot 5 phone and GH¢280, and raped her in an uncompleted building. The Circuit Court imposed eighteen years with hard labour, citing his prior prison escape conviction; the High Court reduced the sentence to fifteen years, the statutory minimum for robbery with an offensive weapon. On this further appeal, counsel argued the Juvenile Justice Act should cap detention at three years because the appellant was nineteen, and invoked Article 19(6). The Court held that “young offender” under Act 653 applies only where the offence carries an option of a fine, which robbery does not, and Section 46(1)(d) governs detention orders, not sentencing. The statutory minimum of fifteen years under Act 29 controls; the appeal was dismissed.
S. R. BERNASKO ESSAH (MRS.), J.A.
This is an appeal by the Accused/Appellant (hereinafter referred to as Appellant) against the judgment of the High court dated 18th of February 2021. The sole ground of appeal to guide our review function as an appellate court, we reproduce as follows:
“That the sentence of fifteen (15) years is extremely harsh and excessive having regard to the age of the appellant at the time of the offence”
He prays this court to set aside the sentence.
The facts don’t lend themselves to much controversy since the Appellant is not challenging the charge or conviction. The complainant a nursing student at Ho Nursing Training College was returning to her home at Maryland, a suburb of Ho when the Appellant who was then masked, approached her and pointed a gun and a knife at her at the same time. He asked the complainant to hand over her Infinix Hot 5 mobile phone valued at GH 650.00 and her purse containing Gh¢280 cash to him. He then matched her with the knife pointed at her to a nearby uncompleted building surrounded by bushes and raped her. She later identified him upon his arrest and he was charged with Robbery, contrary to Section 149(1) of the Criminal and Other Offences Act 29 (1960) as amended by Act 646 of 2003.
Since the Circuit Court has no jurisdiction to handle Rape, he was not charged with that offence. He was convicted of Robbery and upon the Prosecution informing the Court that the Appellant “is known” in that he ran away from prison custody and had been convicted and sentenced for it, the Court gave him an enhanced sentence of Eighteen years imprisonment with hard labour.
He appealed to the High Court for mitigation of the sentence.
On the 18th of February 2021, the Court in delivering its judgment held that the ground of appeal that the trial judge erred in law in not applying the Juvenile Justice Act was unfounded in law and dismissed it.
The Court however, reduced the sentence of Eighteen years to Fifteen years on grounds that 15years is the minimum sentence for committing robbery with a weapon. It is against this sentence that the Appellant has launched the instant appeal.
Counsel for Appellant, argues in his submission that the 1992 Constitution of the Republic of Ghana prohibits the imposition of a sentence for a criminal offence that is severer in degree than the maximum penalty imposable. This is provided for in Article 19 (6) of the Constitution as follows:
“19 (6) No penalty shall be imposed for a crimi