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February 6, 2023
HIGH COURT
GHANA
CORAM
The Appellant Boakye Frank was charged with the offense of Dangerous
Driving contrary to Section 1(a)(i) of Act 683, 2004 as amended and by act 761,
2008 and Causing Danger to Other Road User contrary to Section 22(b) of Act
683, 2004 as amended by Section 1(b) of Act 761, 2008.
On the 6th day of June 2022, the Appellant was arraigned before the District
Court Awutu Bereku where he pleaded guilty on both counts and was
sentenced to one month Imprisonment on court 1 and a fine of 25 penalty units
on count 2 in default two (2) weeks imprisonment.
Dissatisfied with the judgment of the court below, the Appellant has mounted
this appeal in his quest to secure his freedom by way of acquittal and discharge
of the charges against him and the punishment thereof pursuant to Section 21(1)
of Act 459 as amended.
THE BRIEF FACTS OF THE CASE
On the 4th day of June 2022, about 9.15 am , a team from National Police
Headquarters , Accra who were on special excise duty on Accra – Winneba
highway arrested the accused driver Boakye Frank who was in charge of Toyota
Fortuner with registration No. GT 6043 – 22, for the offenses of overtaking,
dangerously in the middle of the road, facing oncoming vehicles and caused
road obstructions which interfere with free movement of other vehicles.
He was handed over together with the vehicle to Kasoa MTTD Commander
ACP Ms Agnes Caesar. The accused again failed to produce his driver’s license
to assist investigations. The accused was then processed with the offense, as
stated in the charge sheet and arraigned before this honourable court.
THE GROUNDS OF APPEAL
The sole ground of appeal was that; the sentence imposed on the Appellant is
harsh and excessive.
In determining the Appeal before me, I will combine grounds a, b and c together
and deal with them given that they all lead to the same conclusion and
consequences.
It is trite that an Appeal is by way of re-hearing especially in the instant appeal
where the judgment is being challenged as not supported by the weight of the
evidence. This principle was reaffirmed by the Supreme Court speaking
through Appau JSC in the case of EVELYN ASIEDU OFFEI V YAW
ASAMOAH ODESHE KWAKU AGYAPONG1 thus:
“… An appeal is by way of rehearing, particularly where the appellant
alleges his notice of appeal that the decision of the trial court was
against the weight of evidence. In such a case, it is the duty of the
appellate court to analyse the entire record of appeal, tak
AI Generated Summary
Boakye Frank, a driver of a Toyota Fortuner (GT 6043–22), was arrested by a National Police Headquarters team on the Accra–Winneba highway for dangerous overtaking in the middle of the road, facing oncoming vehicles, and obstructing traffic. Processed by Kasoa MTTD Commander ACP Ms. Agnes Caesar, he failed to produce his driver’s license, was charged under the Road Traffic Act (Act 683, as amended by Act 761), and arraigned at the District Court in Awutu Bereku. He pleaded guilty to both counts and received a custodial sentence on one count and a fine on the other. On appeal to the High Court, Frank challenged the sentence as harsh and excessive. After reviewing the record, principles on appellate re-hearing, sentencing factors in Kwashie, and legislative policy favoring reduced penalties for first offenders, the High Court maintained the convictions but substituted the custodial term with a fine of twenty penalty units and affirmed the existing fine, relying on section 30 of Act 459.