KPODO KWAKU @ GADEMOR v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- MRS. SOWAH, JA
- MENSAH, JA
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant was convicted for conspiracy to commit robbery and robbery itself, under sections of Act 29/60 as amended. Dissatisfied with his 30-year sentence given retroactively, he appealed. The court held that the retroactive effect was incorrect and adjusted the sentence to 18 years accounting for time spent in custody. Important principles from constitutional and criminal law were applied, such as taking into account time spent in custody when imposing sentences, and ensuring sentences are not retroactive.
JUDGEMENT
ADJEI, J.A:
The Appellant was convicted for conspiracy to commit crime to wit conspiracy to commit Robbery, and Robbery Contrary to Sections 23 and 49 of Act 29/60 as amended by Act 646 of 2003 respectively. The Court convicted the appellant for Robbery on 18th June, 2007 and sentenced him to 30 years IHL and was to take retrospective effect from 8th April, 2001, that is, the day that he was remanded by the trial High Court.
The charge sheet which set out the offence preferred against the accused person and the particulars of offence provides as follows:
“Count one: Statement of offence: Conspiracy to Commit Robbery Contrary to Section 23 (1) and Section 149 of Act 29 of 19/60 as amended by Act 646 of 2003.
Particulars of Offence: Kwaku Kpodo alias Gademor, businessman for that you and two others now serving their prison sentences on or about the 17th August, 2001 at Laklevikorfe near Denu in the Volta Region and within the jurisdiction of this Court did act together with a common purpose to commit crime to wit Robbery.
“Count Two: Statement of offence: Robbery Contrary to Section 149 of Act 29/60 as amended by Act 646 of 2003.
Particulars of Offence: Kwaku Kpodo alias Gademor, businessman, for that you and two others now serving their prison sentences on or about the 17th August, 2001 at Laklevikorfe near Denu in the Volta Region did still one Akai Video Deck and its remote control and a Sanyo remote control, the properties of one Paulina Dorkenu and for the purpose of stealing the items above caused harm to one Josephine Agblevoe with intent to prevent here resistance to your stealing of the items”.
The accused person pleaded “Not Guilty” and the case proceeded to trial. The Appellant was sentenced to 30 years I.H.L on both Courts. The Appellant dissatisfied with the sentence has appealed to this court to reduce it. According to the Appellant, the sentence of 30 years imposed on him is harsh and this Court should reduce same.
We shall first address the legal effect of the sentence of 30 years imposed on the appellant on 18th July, 2007 and was to take retrospective effect from 8th April, 2001. The law is that, where a person who is convicted of an offence spends a period of time in lawful custody before the completion of his trial, the period that he spent whilst in lawful custody shall be taken into accounts in imposing the term of imprisonment. It is mandatory for every court to take into consideration the period spent by an accused