IBRAHIM ABDULAI v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- MRS. SOWAH, JA
- MENSAH, JA
Areas of Law
- Criminal Law
- Sentencing
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant, the third Accused Person, was convicted of multiple counts, including robbery and possession of narcotic drugs and firearms, and sentenced to fifteen years with Hard Labour. He appealed for a reduced sentence, claiming it was harsh and excessive. The court upheld the original sentence, finding it appropriate and in line with statutory requirements.
JUDGEMENT
ADJEI, J.A:
The Appellant herein was the third Accused Person in the case heard by the Circuit Court, Tema. The Circuit Court on 17th November, 2012 convicted all the Accused persons therein and sentenced each one of them to fifteen (15) years with Hard Labour.
The charges preferred against the Accused persons were Conspiracy to Commit Crime Contrary to Section 23 (1) of Act 29/60. Six Counts of Robbery, Contrary to Section 149 of Act 29, Possession of Narcotic Drug without Authority Contrary to Section 2 (1) of PNDCL 236/90 and possession of firearm without Authority Contrary to Section 11 (1) of Arms and Ammunition Decree NRCD 9 of 1972.
The 3rd Accused person; the Appellant herein was convicted for all the Counts except Count eight (8) and was sentenced to fifteen (15) years I.H.L on all the seven (7) Counts.
The Appellant in his Notice of Appeal is pleading for mitigation of sentence. According to him the sentence of fifteen (15) years imposed on him by the trial Court on each Count of Robbery was harsh and excessive and this Court should intervene to set aside the sentence and substitute a lenient one.
The Offence under which the Appellant was convicted, that is The Criminal Code (Amendment) Act 2003, Act 64 provides as follows:
“Whoever commits Robbery is Guilty of an Offence and shall be liable upon conviction on trial summarily or an indictment, to imprisonment for a term of not less than ten (10) years, and where the offence is committed by the use of an Offensive Weapon or Offensive missile, the Offender shall upon conviction be liable to imprisonment for a term of not less than fifteen (15) years”.
The facts of the case disclosed that, the Appellant herein had on himself a pistol while the 1st and 2nd Accused person brought a machete and a big gun to carry out the Robbery at Sunlight Engineering Ltd.
The Minimum Sentence the Circuit Court could impose was fifteen (15) years due to the offensive weapon and the missile used by the accused person.
Article 14 (6) of the Constitution enjoins a Court when imposing appropriate Sentence to take into consideration the period spent in lawful custody by the accused person with respect to that offence before the completion of his trial. Article 14 (6) of the Constitution provides thus:
“Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken