EMMANUEL COMMEY VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant, convicted of conspiracy to commit robbery and two counts of robbery, appealed against his 20-year sentences arguing they were excessive and harsh given his remorse and prison conditions. The appeal process faced delays due to missing trial records but was eventually resolved. The Appellant argued that he did not use a weapon. The High Court reviewed the evidence and submissions, confirming the use of a Guinness bottle as a weapon, thus mandating a minimum 15-year sentence. The sentences were reduced from 20 years to 17 years considering mitigating factors, including his first-time offender status, and other legal principles.
This is a judgment to be delivered pursuant to a Petition of Appeal filed on the 7th September 2021, on behalf of the above named Appellant by the Prison authorities as he was then not represented.
He was the 1st Accused person at the trial Court.
The appeal was filed pursuant to leave granted to file appeal out of time by the High Court on the 2nd August 2021. Appeal is against the sentences of twenty (20) years IHL each for one (1)count of Conspiracy to commit Robbery and two (2) counts of Robbery to run concurrently.
The Appellant was convicted and sentenced on the 23rd March 2016 by the Circuit Court, Accra, then presided over by His Honor Aboagye Tandoh (as he then was). THE GROUNDS OF APPEAL The grounds of Appeal were stated as follows: 1. That the sentence imposed on the Appellant is harsh and excessive considering the conditions of detention within the Prison confines, hence the plea of reduction in his sentence.
Further grounds of Appeal were: 2. That the Appellant has deeply regretted his actions and is out of deep remorse and a contrite heart that he is praying this Honourable Court to reduce his sentence.
3. That the Appellant being a first time offender has really learnt his lessons over the period of time he has served so far in incarceration under severe and harsh conditions of detention, hence his pleas for mitigation of his sentence 4. That the Appellant’s prolonged stay in prison custody may not achieve the reformative effect but rather may produce a hardened criminal instead.
Therefore as a reformed person, it would be beneficial for him to contribute to society hence his plea for mitigation of his sentence.
THE ANTECEDENTS OF THIS APPEAL As stated, the Petition of Appeal was filed on the 7th September 2021 on behalf of the Appellant by the “Prison Teacher”. The appeal was first fixed for hearing on the 27th May 2022. However, per the records available before me, it was called on the 14th June 2022 before this Court differently constituted.
It was noted by the Court that the Record of Appeal including a copy of the judgment was not attached to his application.
Upon several adjournments and with several orders to the Registrar of the trial Circuit Court, the records was not transmitted to this Court and with very little regard to this Court, the Registrar also failed to appear before the Court to offer any explanation, except for one occasion when the Deputy Registrar appeared and pleaded with the Court to be allowed some time t