This is a judgment delivered pursuant to a Petition of Appeal filed on 23rd January 2024, on behalf of the above-named Appellants who were the A1 and A2 at the trial Court.
The appeal was filed pursuant to leave granted to file appeal out of time by the High Court on the 24th October 2023. There is proof of service of the Petition of Appeal on the Attorney General on the 6th February 2024. The Appeal is against the sentences on one count each for each Appellant for the offences of Conspiracy to commit crime, namely Robbery and Robbery.
The Appellants were convicted on their own pleas on the 22nd December 2021 and sentenced on the 5th January 2022 by the Circuit Court, Weija, Accra, then presided over by Her Honor Ellen Lordina Mireku Esq. (as she then was) to fifteen (15) years IHL on count one (1) and twenty (20) years IHL on count (2), both counts to run concurrently.
THE GROUNDS OF APPEAL The only ground of appeal was that the sentence was harsh.
The Appellants therefore prays the Court for reduction in sentences.
WRITTEN SUBMISSION OF THE APPELLANTS The Appellants had filed on the 20th February on their behalf, their written submission.
It is acknowledged that the Appellants pleaded guilty simpliciter after the charges were explained to them.
Counsel submits on behalf of the Appellants by way of mitigation that, the trial Court admitted per the Record of Appeal that the Appellants were not known to the law and the Police.
In addition, they did not waste the Court’s time by pleading guilty simpliciter.
Again, it is submitted that they “readily and remorsefully admitted their guilt and asked for pardon”. On the issue of age as a mitigating factor, counsel for the Appellants submitted that 1st Appellant was 24 years at the time of the incident whilst the 2nd Appellant was 23 years and therefore of youthful ages.
Such ages, he urges the Court to take into consideration.
Despite appealing against only sentence, the learned counsel for the Appellants still submits that the role played by the Appellants did not amount to the offence of Robbery and blames the 3rd Accused person who has always been at large, as the architect of the offence with the Appellants playing just “minimal” roles.
In support of his submission, he cited the cases of KOFI ASIEDU VS. THE REPUBLIC, CRIMINAL APPEAL NO. H2/16/10, TORTO VS. THE REPUBLIC, 19 LR 342 at 347 CA.
FRIMPONG @ IBOMAN VS. THE REPUBLIC (2012) SCGLR 297. And the most recent case of GODWIN VS. KOTEY, UNREPORT
