KINGSTON ASAMOAH v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), J.A.
- A. M. DOMAKYAAREH (MRS.), J.A.
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, convicted for falsification of accounts and stealing at the High Court, Kumasi, challenged his concurrent sentences of 5 and 9 years as being excessively onerous. His role at the Produce Buying Company involved handling cocoa beans but not cash. An audit revealed he misappropriated funds under the pretext of buying cocoa beans. The trial court considered his health and first-time offender status, but due to the crime's serious nature and premeditation, sentenced him to concurrent terms. On appeal, the court upheld the sentence, noting the trial judge's thorough consideration of the relevant factors in sentencing and emphasizing the deterrent and punitive aspects necessary for such crimes.
DOMAKYAAREH (MRS),J. A.
1. In this appeal, the appellant is challenging the sentence of 5 years Imprisonment with Hard Labour imposed on him for falsification of Accounts and 9 years Imprisonment with Hard Labour for stealing both to run concurrently as being “excessively onerous”.
The facts of the case that led to the conviction of the appellant by the High Court, Kumasi on 25th January 2013 and his attendant sentencing arose from how he performed his duties at his workplace.
2. The appellant was the Depot Keeper/Clerk of the Produce Buying Company (PBC) at Bekwai ‘B’ District while the complainants in the case are Yaw Sarpong, Deputy Regional Manager of the PBC at Kumasi and Owusu Agyei, the District Manager of the PBC, Bekwai ‘B’ District. The job description of the appellant assigned him the responsibility of receiving cocoa beans bought by purchasing clerks within his area of operation, namely, Bekwai “B” District. He was also to issue them with waybills for same. Once the cocoa beans were graded and sealed, he was also to ensure that the cocoa was evacuated to the Port. His job description did not include the purchase of cocoa or the handling of cash. During the 2010/2011 main crop season, the complainant, District Manager of PBC for Bekwai ‘B’ District conducted a physical counting of the stock at the Depot of the appellant and detected an initial shortage of 286 bags of cocoa beans at a time sealing was on gong. Two weeks later, after the sealing had been completed, the District Manager conducted a further counting and detected that the shortage had shot up. He reported the matter to complainant the Deputy Regional Manager, in Kumasi who caused Auditors to audit the appellant.
3. After the audit it was detected that the accused had stolen the cash equivalent of 1,347 bags of cocoa beans then worth GH¢200 per bag making a total value of GH¢269,400.00. A report was made to the Police and the appellant was arrested for investigations. The Police investigations revealed that the appellant had collected various sums of money meant for the purchase of cocoa from various purchasing clerks under the pretext of buying cocoa beans equal to the amounts collected to replenish the stock. He issued them with waybills certifying receipt of the various quantities written on the waybills.
4. The appellant was subsequently charged before the Fast Track High Court Five, Kumasi with 9 counts of falsification of Accounts contrary to S.140(a) of the Criminal Of