ERIC KODJO @ CASHMAN v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, (J.A.) - Presiding
- KORBIEH, (J.A.)
- AGYEMANG (MRS.), (J.A
Areas of Law
- Criminal Law and Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, along with his accomplice Hannah Martey, was convicted of robbery and conspiracy to commit robbery after a violent crime involving the robbery of a taxi driver and shooting him. The appellant was sentenced to 45 years in prison and appealed for leniency based on mitigating circumstances such as being a first-time offender and not wasting the court's time. The court dismissed the appeal, stating that the trial judge correctly applied the law and guidelines for sentencing, considering both aggravating and mitigating factors.
KUSI-APPIAH, J.A.:
The appellant and one Hannah Martey were charged with two counts of conspiracy to crime to wit, Robbery and Robbery Contrary to Section 23 (1) and 149 of the Criminal Offences Act, 1960 (Act 29) respectively and arraigned before the High Court, Accra for trial.
The brief facts leading to this appeal are as follows: Sometime in March, 2008, the appellant met Hannah Martey at a drinking bar at Agbogloshie, Accra and started a relationship. On 29th April, 2008, the appellant accompanied his lover girl to her hometown, Nuase in the Eastern Region to attend a funeral.
Whilst there, the two love birds agreed to come back to Accra and rob a vehicle and sell it at Nsuase. Pursuant to their said plan, the appellant and Hannah Martey on 30th April, 2008 went to the Kwame Nkrumah Circle, Accra and hired a Kia Pride Taxi Cab driven by one Godfred Sakyi to Adenta. But on reaching Adenta Lotto Kiosk, the appellant pulled out a locally manufactured pistol and directed the taxi driver to take them to Adenta Commandos which he did. However, the appellant at gun point ordered the driver to hand over the ignition key to his girlfriend and robbed him of an amount of Gh¢50.00 and a Nokia mobile phone which he had on him. Thereafter, the appellant ordered the driver out of the cab and shot him at the back. The appellant and his girlfriend then drove the car to Nuase and handed it over to another person to sell.
The taxi driver managed to get to the road side and with the assistance of another person lodged a complaint with the police. The appellant and two other persons including his lover girl were later arrested. The case proceeded to trial. On 10th February, 2009, the two were convicted on both counts. The appellant was sentenced to 45 years imprisonment with hard labour on both counts whilst Hannah Martey was sentenced to 10 years imprisonment on both counts.
Dissatisfied with the said judgment, the appellant has appealed to this court against his sentence on the following grounds:
“REDUCTION OF SENTENCE
a. Convict is a first offender
b. Convict did not waste the court’s time in admitting his guilt.
c. Convict has regretted his action
d. Convict sole breadwinner of wife, children and aged mother.”
A critical examination of the above stated grounds of appeal in relation to the relevant Rules of court in C. I. 19 leads to the conclusion that the appellant is not attacking his sentence of 45 years I. H .L. for robbery on grounds that the trial cou