EMMANUEL ANTWI v. THE REPUBLIC
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Areas of Law
- Criminal Law and Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant, an 18-year-old student, was initially sentenced to 24 months imprisonment for conspiracy to steal, causing unlawful damage, and unlawful entry. He appealed on the grounds that the sentence was excessive, especially considering his status as a first-time offender. The appellate court noted the need to consider mitigating factors, especially for young and first-time offenders, and reduced the sentence to 3 months imprisonment. The court emphasized the importance of deterrent yet reformative justice, ultimately balancing societal disapproval with the appellant's youth and potential for rehabilitation.
JUDGMENT
The Appellant, a young man of 18 years and three others ( who have not appealed), were arraigned before the Circuit Court at Juaso on various charges under the Criminal and Other Offences Act, 1960, Act 29 as set out below :
1. Conspiracy, to steal contrary to section 23(1) and 124(1)
2. Causing unlawful damage, contrary to section 172(1) B
3. Unlawful Entry, contrary to section 152
4. Stealing, contrary to section 124(1)
However, the prosecution withdrew the 4th Count on stealing and the same was accordingly struck out by the trial court. The appellant, just like the other co-accused persons, pleaded guilty to the three counts and was convicted on his own plea, and was sentenced to 24 months imprisonment with hard labour. The other accused persons were also given the same sentence.
Aggrieved by this sentence, the Appellant filed a petition on 21/10/15, and the sole ground of appeal is that the sentence is excessive in the circumstances.
Briefly, the facts which brought about the prosecution are that the Appellant, an 18 year old student, together with another 18 year old student and a 21 year old mason, broke into the provisions store of the Complainant at Okyerekrom at about 1:30am on 30/09/2015. An eye witness who was alerted by the unusual noise peeped through his window and saw that the three young men had packed their booty into a hand bag ready to leave. The witness came out and on seeing him, these young men took to their heels. The 1st Convict was arrested and he mentioned the appellant and one other as his accomplices. These three young men admitted the offences in their cautioned statement to the police. The complainant alleged that there had been series of theft of provisions from her store but all efforts to arrest the culprits proved futile.
In arguing this appeal, counsel for the appellant described the circumstances under which the appellant got involved in the Act. That is, the Appellant who is a Form 2 SHS student and a boarder came home to pick up his reading glasses. It was very late and so he decided to sleep. In the process, he got involved with the other convicts. Counsel's plea was that being an SHS student, the custodial sentence may jeopardize his future. If prayed the court to impose a punishment that will correct the appellant, and not otherwise, especially, when he is a young and first offender.
On the contrary, the Learned Assistant State Attorney for The Republic was of the view that the 12 months sente