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July 2, 2024
HIGH COURT
GHANA
CORAM
SENTENCE
This is an appeal entered by the appellant herein against her conviction and sentence is for 4 years imposed by the Circuit Court, sitting at Juapong dated 11/08/23 and presided over by H/H Prosper D. Gomashie.
Upon reading the notice of appeal as well as the additional grounds of appeal 27/10/2023. And having read the written submissions filed on 05/12/2023, filed by counsel for the appellant.
Having also read the written submission filed by the Respondent on 21/12/2023. And having also seen the appellant who appears to display some amount of remorse.
Having also taken notice that the appellant appears to be a young and first-time offender from the record of appeal.
I am inclined to be magnimous on the appellant.
From the record of appeal there appears no solid ground for me to impeach the conviction of the appellant as the trial Judge did not in my view sin against any known law.
But I am inclined to disturb the sentence of the trial court as I deem same a bit too harsh in the circumstance of the matter.
From all the above, the conviction of 4 years in hereby set aside and I impose a sentence of six (6) months on the appellant effective the date of her conviction.
The appeal succeeds in part and fails in part.
(SGD. ) H/L JUSTICE YAW OWOAHENE-ACHEAMPONG JUSTICE OF THE HIGH COURT
AI Generated Summary
Justice Yaw Owoahene-Acheampong of the High Court adjudicated an appeal from a conviction and four-year sentence imposed by the Circuit Court sitting at Juapong on 11/08/23, presided over by H/H Prosper D. Gomashie. After reviewing the notice and additional grounds of appeal, the written submissions of counsel for the appellant (filed 05/12/2023) and of the respondent (filed 21/12/2023), and observing the appellant in person, the court concluded there was no solid basis to impeach the conviction, as the trial judge had not erred against any known law. Nonetheless, considering the appellants youth, first-time offender status, and demonstrated remorse, the court found the original four-year term unduly harsh. Exercising leniency, the High Court set aside the four-year sentence and imposed six months effective the date of conviction, holding the appeal succeeded in part and failed in part.