ERIC GYASIE @ TABOTABO v. THE REPUBLIC
2018
COURT OF APPEAL
GHANA
CORAM
- JUSTICE IRENE C. LARBI (MRS) J.A. (PRESIDING)
- JUSTICE L. L. MENSAH J.A.
- JUSTICE ANGELINA M. DOMAKYAAREH (MRS) J.A.
Areas of Law
- Criminal Law and Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Before the Circuit Court, Cape Coast, the appellant pleaded guilty to causing unlawful harm and robbery after luring a taxi driver from Assin Fosu to Akonfudi, threatening him near the Assin Akonfudi Jehovahs Witnesses Camp, and slashing his left hand with a cutlass to seize taxi GC 2419-11, a phone, a tape deck and GH28. The High Court, Cape Coast (Mustapha J.) reduced the robbery sentence from twenty-five to twenty years. Arguing that the twenty-year term was excessive because he was a youthful first offender who pleaded guilty and the items were retrieved, he sought further mitigation. The Court of Appeal (per L. L. Mensah, J.A.) considered section 149 of Act 29 (as amended by Act 646), the planned and violent nature of the robbery, and appellate deference to trial sentencing. It held that first-offender status does not trump the statutory minimum and that fifteen years is a floor, not a benchmark; twenty years was not harsh or excessive. The appeal was dismissed and the sentence affirmed.
JUDGMENT
LAWRENCE L. MENSAH, J.A.
This is an appeal launched by the Appellant who was convicted on his own plea for the offences of causing unlawful harm and robbery by the Circuit Court, Cape Coast presided over by Her Honour Florence Kai Otu on 30th November 2011 contrary to sections 69 and 149 respectively of the Criminal Offences Act, 1960, Act 29. The Appellant was sentenced to a term of four years and twenty-five years respectively. Aggrieved by the said sentence the Appellant appealed to the High Court, Cape Coast, presided over by Mustapha J. The learned High Court Judge allowed the appeal in part and reduced the sentences from 25 years IHL to 20 years IHL. Still aggrieved by the reduction of the sentence to only 20 years, he appealed further to this court.
Facts:
The facts which led to this appeal go like this: On 21st November 2011, the Appellant a driver called the complainant who was a taxi driver working at Assin Fosu on his cell phone and hired the taxi driver’s services from Assin Fosu to Assin Juaso. The complainant responded to the Appellant’s call and drove to the said location at Assin Juaso and from there to Akonfudi. At Akonfudi the Appellant told the complainant that the person whom he had come to see had moved to a location around Okomfo Kyeremang shrine. Complainant drove the vehicle towards that direction and at a spot near the Assin Akonfudi Jehovah’s Witnesses Camp, the Appellant told the complainant to stop, and ordered him to hand over the ignition key of the vehicle to him, failing which he would harm him. The complainant refused to hand over the key and shouted for help. This infuriated the Appellant who pulled out a cutlass which he had hidden in his trousers and inflicted deep wounds on the left hand of the complainant. Having received the grievous bodily harm, the complainant fled from the taxi and the Appellant took over control of the vehicle and sped off. The Appellant sensing that he might be pursued by the police and arrested, he removed the car tape, the cell phone of the complainant and a cash of GH¢28.00 being the sale for the day and abandoned the taxi in between Akenkaso and Akim Aperade. The Appellant was subsequently arrested by the police with the items. The complainant was admitted at the Assin Fosu hospital on the day of the robbery and was discharged on 24th November 2011.
Grounds of Appeal:
The sole ground of the appeal is that the sentence of 20 years IHL is excessive in the light of the fact that t