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March 22, 2023
HIGH COURT
GHANA
CORAM
The Appellant herein was convicted on his own plea by the Circuit Court, Sogakope in
the Volta Region for the offences of
i. Careless and Inconsiderate Driving contrary to Section 3 of the Road Traffic Act,
2004, (Act 683) as amended by the Road Traffic (Amendment) Act, 2008, (Act 761)
ii. Negligently Causing Harm contrary to Section 72 of the Criminal Offences Act,
1960 (Act 29).
This appeal is against the sentence on the ground that the sentence of 6 months IHL
imposed on the Convict/Appellant is harsh taking into consideration the fact that
Convict/Appellant is a first time offender who admitted his guilt simplicitor and also
made efforts to pay or take care of medical bills of the victim.
CHARGES: The charges for which Appellant was convicted giving rise to this appeal are
twofold:
COUNT ONE
CARELESS AND INCONSIDERATE DRIVING CONTRARY TO SECTION 3 OF RTA
683 /2004 AS AMENDED BY SECTION 3 OF RTA761/2008.
PARTICULARS OF OFFENCE
ERIC AKUAKU KOFI: Driver. For that you on the 28th of January, 2022, at about 7:30pm
opposite Amemornu police rented barracks near Adidome roundabout in the Sogakope
circuit and within the jurisdiction of this court then being driver in charge of Nissan
Rogue with registration No. VR 8-18 did drive the said vehicle on the road without due
care and attention to other road users.
COUNT TWO
NEGLIGENTLY CAUSING HARM CONTRARY TO SECTION 72 OF ACT 29 OF 1960.
PARTICULARS OF OFFENCE
ERIC AKUAKU KOFI: Driver: For that you on the 28th of January, 2022, at about 7:30pm
opposite Amemornu police barracks near Adidome roundabout in the Sogakope circuit
and within the jurisdiction of this court, being the driver in charge of Nissan Rogue with
registration No. VR 8-18 did negligently caused harm to Accused Michael Sampele.
The facts of the case are as follows:- 'Accused Eric Akuaku Kofi is a holder of drivers
license class 'B'. On Friday 28th day of January, 2022 about 7:30pm, accused driver was
in charge of a Nissan Rogue with registration No. VR 8-18 from his house at Richard
Novati Catholic Hospital road towards Adidome roundabout direction. On reaching a
location opposite Amemornu police barracks near Adidome roundabout, accused driver
Eric Akuaku Kofi saw a crowd on the road in his lane and veered into the offside lane
without due care and attention of other road users and knocked down Accused rider
Michael Sampele who was then riding an unregistered Haojue motorbike from the
opposite direction towards th
AI Generated Summary
Eric Akuaku Kofi, a driver in Sogakope, pleaded guilty to careless and inconsiderate driving under section 3 of the Road Traffic Act and negligently causing harm under section 72 of the Criminal Offences Act after veering into the offside lane and striking motorcyclist Michael Sampele. The Circuit Court imposed concurrent sentences of two months and six months’ imprisonment with hard labour. On appeal, Kofi argued the six-month term was harsh given his first-offender status, guilty plea, and his contribution to Sampele’s medical bills; the Attorney-General’s Department did not oppose. The High Court, per Her Ladyship Justice Doreen G. Boakye-Agyei, recognized that negligently causing harm, as a misdemeanour, attracts a flexible range under Act 30 section 296(4), and that first-time offenders showing remorse are entitled to leniency. Concluding the initial sentence was disproportionate, the court substituted a three-week concurrent custodial term, acknowledged the sentence had been served under custody, and added a GHC 1,000 fine, allowing the appeal.