EMMANUEL T. KWABENA GAINFORD v. REPUBLIC
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- OFOE, J.A.
- TORKORNOO, J.A
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a 10-year sentence for conspiracy to commit crime and defrauding by false pretences. The appellant was convicted by the High Court (Financial Division) in Accra on 13-12-2012 and sentenced to 10 years of hard labor on each count, to run concurrently. The appellant filed an appeal on 10-7-2013, pleading for mitigation of the sentence. Despite the court ordering both counsels to file written submissions, they failed to do so. The appellate court decided to proceed with the appeal regardless. After reviewing the case, the court found no reason to reduce the sentence, considering the severity of the offences and the amount involved. The appeal was consequently dismissed, upholding the original 10-year sentence. Two other justices concurred with this decision.
BY COURT:
On 13-12-2012, the High Court, (Financial Division) Accra, found the appellant guilty on the charges of conspiracy to commit crime and defrauding by false pretences contrary to Sections 23(1) and 131 all of Act 29 respectively. He was convicted on both charges and sentenced to 10 years In Hard Labour on each count. The sentences were to run concurrently.
Dissatisfied with the decision of the court, the appellant has filed this appeal. From the notice of appeal filed on 10-7-2013, the appellant is appealing against the sentence only. In his notice of appeal, he is pleading for mitigation of sentence. The said ground of appeal reads:
“The ten years sentence imposed on the appellant is harsh in view of the circumstances surrounding the case, hence his plea for reduction of sentence.”
When this appeal came before us on 22-7-2013, we did order both counsel for the appellant and the Republic to file their written submissions. Up till now, none of them has filed any process even though the appeal was adjourned to enable them do so.
We cannot wait for both counsel for the appellant and the Republic forever. We have therefore decided to proceed with the appeal. We have read the record of appeal and we have no problem with the judgment or the guilt of the appellant as he did defraud the complainant on the pretext of selling him a house at Airport Residential Area, a fact he knew to be false. He and others succeeded in taking a down payment of the purchase price and went into hiding until he was arrested by the police.
The appellant is pleading for a reduction in sentence. In sentencing the appellant, the trial Judge took the submissions of counsel for the appellant into consideration, i.e. his age. We do not think there is the need to reduce the appellant’s sentence having regard to severity of the offences and the amount involved.
The appeal against sentence is hereby refused. Appeal dismissed accordingly.
(Sgd.)
MARIAMA OWUSU
[JUSTICE OF APPEAL]
(Sgd.)
OFOE, J.A. I agree V. D. OFOE
[JUSTICE OF APPEAL]
(Sgd.)
TORKORNOO, J.A. I also agree GERTRUDE TORKONOO
[JUSTICE OF APPEAL]