IBRAHIM ABARIE @ AYIREBO VS. THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant was convicted of robbery and conspiracy to commit robbery and sentenced to 18 years. The appeal contested the sentence's harshness for a first-time offender, claiming mitigating factors such as remorse and partial recovery of stolen money. The court upheld the original sentence, emphasizing the legality, proper discretion in sentencing, and the minimal effect of remorse on reducing the sentence. The appeal was dismissed.
This is a judgment hinging on a Petition of Appeal filed on the 30th April 2024 on behalf of the above-named Appellant who was the 2nd Accused person at the trial Court.
The appeal was filed pursuant to leave granted by the High Court on the 28th March 2024. The Appeal was against the sentence on two (2) counts of Conspiracy to commit crime, namely Robbery and Robbery.
The Appellant was on the 9th April 2019 convicted by the Circuit Court ‘1’, Accra then presided over by His Honour Mr. Aboagye Tandoh to eighteen (18) years IHL on each count to run concurrently.
THE GROUNDS OF APPEAL The grounds of appeal were stated as follows: 1. That the Appellant has really learnt his lessons over the period of time served in incarceration under the harsh and severe conditions in detention and have vowed never to engage in any criminal activity again The further grounds of appeal filed were the following: 2. That the sentence imposed on the Appellant is harsh and excessive considering the fact that the Appellant is a first-time offender who was unrepresented; illiterate and unskilled in law, his potential to have a meaningful defence either by way of countering a conviction and sentenced is limited.
He therefore pleads with your Lordship to kindly consider the negative and psychological effects of long incarceration and commute his sentence to the barest minimum.
3. That the Appellant with a remorseful heart humbly prays for the Court’s prerogative of mercy taking into account the Appellant’s efforts towards reformation and reintegration.
4. That the Appellant, a victim of an unfortunate circumstance has truly learnt valuable lessons and vows to stay away from deviant behaviors and characters.
5. The Appellant is pleading with your Lordship to consider his efforts in enhancing his rehabilitation to tender age at which the offence was committed and kindly reduce the sentence to the barest minimum to allow him pursue a future of productivity contributing his quarter to Ghana’s development.
THE FACTS OF THE CASE AND TRIAL OF THE APPELLANT The Complainant is a trader and operates a provision store at Nungua.
The Accused person on the 12th December, 2017 at about 9: 00pm planned to go on a robbery expedition.
According to the Complainant, the 1st Accused who is a Police officer, 2nd Accused hereinafter referred to as the Appellant got down from the car and entered her provision store and the 3rd Accused person stood behind the car spying.
The Complainant indica