JUSTICE ERNEST AMOH @ J.E. v. THE REPUBLIC
2022
COURT OF APPEAL
GHANA
CORAM
- SOWAH, J. A. (PRESIDING)
- OPPONG, J. A.
- MENSAH-HOMIAH, J. A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal judgment, authored by A. Mensah-Homiah, J.A., concerns an appellant convicted with accomplices of conspiracy to commit robbery and robbery following a violent home invasion against Ato Korsah and Gifty Opoku at Hydrofoam Estates on Spintex Road. The assailants used knives and a pistol, wounded Korsah, and two raped the house help; they stole numerous items, including passport HO506222, later sold and altered. The High Court imposed concurrent 30-year sentences with hard labour. On appeal, the self-represented appellant sought mitigation based on remorse, reformation, education in prison, and alleged failure to consider mitigating factors, invoking the Prisons Service Act. The State opposed reduction. The Court held that remission and rehabilitation grounds are administrative, not judicial; found the trial judge failed to record mitigating factors, to receive sentencing evidence, and to credit pretrial detention under Article 14(6); and reduced the sentence to 25 years concurrently.
MENSAH-HOMIAH, J.A.
INTRODUCTION
As a preface to this judgment, we remind ourselves of the following statement by C.S. Lewis about the justice system: “It is only as deserved or undeserved that a sentence can be just or unjust”.
The Appellant before us, is aggrieved by the 30-year sentence imposed on him by the High Court, Accra on 6th July 2009 for the offences of conspiracy to commit crime to wit robbery; and robbery, contrary to section 149 of the Criminal Offences Act, 1960 (Act 29) as amended by the Criminal Code (Amendment) Act, 2003, Act 646. To the Appellant, he did not deserve such a punitive or harsh sentence. In line with our core mandate to re-hear this appeal, we would ascertain from the record of appeal whether or not, in the circumstances of this case, Appellant was deserving of the 30 years sentence imposed on him by the trial court or whether the sentence was in accordance with law.
BACKGROUND FACTS
Briefly, the salient facts are that on 21st July 2007 at about 1:30 a.m. Appellant herein and his accomplices armed with a locally manufactured pistol and knives attacked the complainants, Ato Korsah and Gifty Opoku in their residence at Hydrofoam Estates, Spintex Road. In the process, these miscreants inflicted wounds on the 1st Complainant, Ato Korsah. Two of the accused persons forcibly had sex with the house help of the Complainants in turns. Accused persons succeeded in taking away the following items: Passport No. HO506222, eight (8) wrist watches, four (4) mobile phones, US$400, GHC160, bottles of perfume, gold & silver jewelries including an engagement ring and a car key. After the robbery operation, Accused Persons sold 2nd Complainant’s passport to a certain lady who replaced the picture of the true owner of the passport. Through investigations, Appellant and others were arrested and arraigned before the High Court, Accra.
DECISION OF THE HIGH COURT
After a full trial, Appellant and his accomplices were found guilty of the charges levelled against them and they were convicted accordingly. The learned trial judge proceeded to pass sentence in these words:
“I convict all the three accused persons on each count of the charges preferred against them. They are each sentenced to 30 years imprisonment on each count to run concurrently in hard labour”.
GROUNDS OF APPEAL
Pursuant to leave of this court granted on 14th December, 2020, a notice of appeal was filed. It is placed on record that, although the notice of appeal was filed jo