Fiifi Kofi Adu v. The Republic
2015
COURT OF APPEAL
GHANA
CORAM
- Owusu M., (Presiding)
- Aduama Osei, J.A.
- Dordzie, J.A.
Areas of Law
- Criminal Law and Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, charged with conspiracy to rob and abetment of robbery, was sentenced to 16 years imprisonment by the Circuit Court, Accra. His appeal against both conviction and sentence was dismissed by the High Court. He further appealed to the Court of Appeal, arguing that his sentence was harsh. The Court of Appeal upheld the sentence, reasoning that it was appropriate considering the nature and seriousness of the crime. Various legal principles were cited, including the necessity for sentences to reflect societal revulsion for the crime and the appropriateness of deterrent sentences for serious offences like robbery.
MARIAMA OWUSU, J. A
On 18-10-2013, the High Court, Accra dismissed the appellant’s appeal against both conviction and sentence as being without merit.
The Court held among other things that: “From all the above, I am unable to fault the learned trial judge for preferring the prosecution’s story to that of the defence.
It is in the light of this that I uphold the conviction of the appellant.
Now can the sentence inflicted on the appellant be said to be harsh? By Section 149 of Act 29 as amended by Act 646, of 2003 the minimum sentence for the offence of robbery when offensive weapons are used is 15 years imprisonment with hard labour.
I do admit that the appellant was not charged with robbery.
He was charged with conspiracy to rob and abetment of robbery.
However, by the provisions in section 20 (3) and 24 of Act 29, he shall be punished as a person who has actually committed robbery.
In this view, the minimum sentence that could be inflicted on the appellant by the trial court was 15 years.
He was in fact sentenced to 16 years on each court.
The court ordered that the sentences were to run concurrently.
I think that cannot by any stretch of imagination be said to be harsh.
I think the trial judge was very gracious and extremely lenient in pronouncing sentence on the appellant.
I am therefore unable to interfere with the sentence imposed on the appellant.
It is from all the forgoing that I hold that there is absolutely no merit in this appeal.
The conviction and sentence of the appellant are hereby upheld and affirmed”. Dissatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal on the following grounds:
a. The High Court ought to have considered the circumstances of the case and Appellant’s remorse to reduce the sentence.
b. Appellant is very sorry and sincerely regrets his involvement in these crimes.
c. Appellant vows to mend his ways and to avoid any brush with the law in future.
RELIEF SOUGHT FROM THIS COURT: For the Honourable Court to temper justice with mercy and reduce Appellant’s sentence to the minimum.
Before dealing with the arguments advanced in support and against this appeal, I will like to give a brief background of this case.
The appellant was arraigned before the Circuit Court, Accra, charged with the following offences:
1. Conspiracy to Commit Crime to Wit: Robbery contrary to Section 23 (1) of Act 29/60.
2. Abetment of Crime To With: Robbery contrary to section 20 (3) & 149 of