FUSEINI ALHASSAN VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG- OPOKU ESQ
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted and sentenced for being on premises for an unlawful purpose and mining without a license, under a repealed law. He appealed on the grounds that he was charged under a non-existent law and convicted under another. The appellate court found merit in this argument, noting that the trial court had no jurisdiction. The conviction and sentence were quashed, and the appellant was ordered to be released.
This is an appeal from the conviction and sentence handed down by the Circuit Court, Goaso presided by His Honour Charles A. K. Acheampong on 17th May, 2022. The Accused/Appellant was charged with the following offence; (a) Being on premises for an unlawful purpose contrary to section 155 (1) of the criminal offences Act of 1960, Act 29(b) Mining without License contrary to section 99 (2) of minerals and mining Act of 2008 (Act 703).
c) Upon his arraignment he pleaded guilty consequently he was found guilty and convicted on his own plea and sentenced as follows; On count 1 – sentenced to serve a term of imprisonment of 6 years in hard labour.
On count 2 - sentenced to pay a fine of Ghc10, 000. 00 penalty units and shall serve a term of imprisonment of 15 years in hard labour.
Sentence to run concurrently.
Now, being aggrieved by the said conviction and sentence, the Accused/Appellant has appealed to this court on the grounds that; (a) That the sentence was too harsh against the background of the fact that the accused/Appellant is a first-time offender having brush with the law for the very first time.
b) Further grounds of Appeal shall be filed upon receipt of the record of proceeding hence on the 14th July, 2023 the learned counsel for the Accused/Appellant was granted leave to file additional grounds of appeal.
Therefore, on the same day, file additional ground(s) of appeal as follows; (a) “The appellant was charged, tried and convicted under a repealed law and wrongly sentenced under the new law”. It may be prudent to reproduce here below the charges, facts of the case and the sentence entered by the trial Circuit Court, the basis for which this appeal has been launched.
The charges read as follows; (a) Being on premises for unlawful purpose contrary to section 155 (1) of the criminal offences Act of 1960 (Act 29)(b) Mining without license contrary to section 99 (2) of the mineral and mining Act of 2006 (Act 703)Whereas the facts read as follows; “The complainants are policemen and security guards of Protea Ghana Security Company all attached to New Mount Ghana Company Limited Kenyasi.
Accused Fuseini Alhassan is a driver and currently residing at Ntotroso on 7th May, 2022 about 2: 00am whilst the complainant were on joint night patrol duty within the concessions of Newmount company they spotted accused and four others at Awunso low grade stockpile a concession of the said company, digging for gold bearing materials from a pile of boulders kept