EMMANUEL AMENUVE VS. THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ALHAJ ABDULLAH IDDRISU
Areas of Law
- Criminal Law and Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted and sentenced for conspiracy to defraud, attempt to commit fraud, and defrauding by false pretence. He appealed the sentence, claiming it was excessively harsh and that mitigating factors were not considered. The High Court reduced the ten-year sentence to four years on the grounds that mitigating factors were not duly considered, while maintaining the five-year sentence for conspiracy to defraud.
This is a criminal appeal against sentence.
The Appellant was charged with the crime of conspiracy to defraud by false pretence contrary to sections 23 (1) and 131 of Act 29, Attempt to commit fraud contrary to sections 18 (1) and 131 of Act 29 and defrauding by false pretence contrary to S131 of Act 29. He was tried, found guilty, convicted and sentenced to five years IHL on count one without an option of a fine, and to ten years IHL on each of counts two and three without an option of a fine and the sentences were to run concurrently.
His appeal to this court is against sentence on the following grounds 1. That the sentence of ten years is excessively harsh taking into consideration the circumstances surrounding the case.
2. That Appellant is remorseful and promises not to have a brush with the law again.
3. That Appellant prays that the Honourable court will temper justice with mercy by reducing the sentence of ten years IHL to the minimum.
In effect the Appellant is appealing against sentence.
The facts of this case are that the complainant is a contractor who resides at N. U. a suburb of Madina in Accra whilst the appellant is a trader and resides at Mallam.
On the 12th November, 2012 the complainant received a phone call from one Bright Tamakloe now at large, who lured the complainant into believing that he could get him a contract to supply chlorine phosphate to some white men.
He introduced one Michael (at large) as the person who had custody of the chemicals.
Later, Michael sold some white powdery substance which he claimed to be chlorine phosphate at a cost of GH₵500 to the complainant.
Subsequently, Tamakloe introduced one Elizabeth (now at large) who he claimed lived in London.
On 15th November, 2012, the complainant received a call from Elizabeth that she had sent 20 units of laptops and will received a call from the clearing agent.
Not long after one Kennedy Owusu called claiming to be the clearing agent and asked the complainant to pay an amount of GH₵6, 700 into the Ecobank Account.
The complainant managed to pay an amount of GH₵5, 000, however the agent informed him that because he failed to pay the full amount, the goods had been returned to the owner.
On realizing that he had been defrauding, the complainant made a report to the police.
On 4th July, 2013, the complainant received a call from some persons introducing the same business to him.
A meeting was scheduled and police men dressed in plain cloths accompanied the