KOJO ABEDU vs THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Appellant was convicted for threatening the complainant with death, under the Criminal Offences Act, 1960. Initially sentenced to six years imprisonment, he appealed on the grounds that the sentence was harsh, considering factors such as his young age, first-time offense status, and remorseful plea. The higher court agreed, highlighting the need for a balance between deterrence and reformation, reducing the sentence to three years.
JUDGMENT This is a Criminal Appeal against the Judgment of the Circuit Court, Mankessim th delivered by Her Honour, GLORIA NAA BOTOR LARYEA delivered on the 12 April, 2021. The Appellant was charged with one (1) Count of Threat of Death contrary to Section 75 of the Criminal Offences Act, (Act 29) of 1960. He pleaded guilty simpliciter and was convicted on his own plead and sentenced to serve six (6)years imprisonment IHL.
GROUND OF APPEAL Being aggrieved by the conviction, Appellant on 13 th July, 2023 filed the present appeal on the sole ground; 1. That the sentence is harsh and excessive having regard to the fact that he is a young offender, that he pleaded guilty simpliciter and was remorseful at the trial.
BRIEF FACTS The complainant in this case Kweku Nyarko is a palm wine tapper and a native of Abeadze Edumanu.
The Appellant is Koko Abedu is a driver and a native of the same village.
That on 24/3/2012 around 12: 30 pm, the complainant went to his oil palm plantation farm at Abeadze Edumanu and met the Appellant and a friend smoking Indian Hemp.
The complainant sternly warned the Accused Person and his friend to desist from using his farm as a ghetto.
That later in the day around 6: 00 pm, the complainant returned from only to see the Appellant and holding knife on the mother.
This act attracted people to the house and the knife was collected from the Appellant.
On 25/03/2021, around 6: 00 pm, was in the house when one Kofi Essuon and Kofi Nyarko who are witnesses in this case which the Appellant rushed on him with a cutlass and threatened to kill him but those around the scene saved him.
That on 26/03/2021, the complainant was on his way to the farm when the Appellant again rushed on him and threatened to inflict cutlass wounds but managed to escape unhurt.
The complainant looking at the repeated threats on him by the Appellant reported the incident to the police.
On 27/03/2021, the Appellant was arrested and he admitted the offence in his Investigation Caution Statement.
After Investigation the Appellant was charged with the offence as stated on the charge sheet to appear before the Honourable Trial Court.
At the trial, the Appellant pleaded guilty simplicter and was convicted on his own plea and sentenced to six (6) years imprisonment in hard labour.
Dissatisfied with the sentence, the Appellant, on 13 th July, 2023, filed his Petition of Appeal.
The sole the grounds of Appeal is; 1. That the sentence is harsh and excessive having r