EUGENE ADDO LARTEH v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- DENNIS DOMINIC ADJEI, J.A. (PRESIDING)
- CECILIA H. SOWAH, J.A.
- L. L. MENSAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant was convicted for stealing goods and money from his employer and sentenced to ten years of hard labor. Upon appeal, the conviction was upheld but the sentence was reduced to six years. The appeal court found that though there were lapses in the evidence, the overall guilt of the appellant was proven beyond a reasonable doubt. Several legal principles were reaffirmed concerning the burden of proof in criminal cases, the obligation of the appellate court to re-evaluate evidence, and the guidelines on sentencing for second degree felonies.
L. L. MENSAH, J. A.
The Appellant herein was tried by the High Court, Koforidua on the 31st day of July 2013 on two counts of stealing and convicted on the first count contrary to section 124(1) of the Criminal Offences Act, 1960, Act 29 as amended by paragraph 4 of NLCD 398/1969. The particulars of count 1 is that the accused between the months of February to June 2011 at Nkawkaw and as a manager of Market Direct Company, Nkawkaw branch, sold quantities of goods in his stock valued at GH₵199, 938. 122, and dishonestly appropriated the said money which is the property of Market Direct Company.
The particulars of count 2 is that the accused between the month of January to June 2011 at Nkawkaw dishonestly appropriated an amount of GH₵12, 446. 16, given to him as imprest by Market Direct Company.
In the prosecution of the appellant, the prosecution marshalled a four-man witness against the appellant, as against the appellant who called his guarantor mother as his sole witness.
At the end of the trial, the appellant was found guilty as aforementioned, on count 1 but acquitted and discharged and on count 2. He was sentenced to a term of ten years in hard labour.
GROUNDS OF APPEAL:
Aggrieved, the appellant appealed to this court with the following grounds of appeal:
1. That the sentence is excessive and harsh.
2. That the judgement cannot be sustained having regard to the evidence and that has resulted in miscarriage of justice.
3. The learned trial judge erred in law when he lumped the undated VAT invoices together and held that they represented the sales only for the month of May 2011 and that has resulted in miscarriage of justice.
THE FACTS: The facts which gave rise to this appeal are as follows: The appellant was employed by Market Direct Company Limited, a company which deals with foods and beverages, as a branch manager at its Nkawkaw branch.
The Regional Manager of the company went on his routine visit to the Nkawkaw branch of the company in May 2011. He discovered that there was reduction of goods in the shop.
However, there was no money paid by the appellant in the company bank accounts which was commensurate with the goods the company had supplied to the appellant.
The appellant was specifically instructed to sell the goods and pay the proceeds into the company’s bank account at Barclays Bank or Agricultural Development Bank branches at Nkawkaw.
When the company became suspicious of the appellant’s underhand dealings auditors were se