KWADJO BRIGHT v. REPUBLIC

This Court of Appeal judgment, authored by Justice Anthony Oppong JA and concurred in by Justice I.O. Amadu Tanko JSC and Justice Henry A. Kwofie JA, concerns an appeal against sentence following a Kumasi High Court conviction for conspiracy to commit robbery and robbery under sections 23(1) and 149 of Act 29, as amended by Act 646/2003. The complainants—a Micro Mobile Links sales manager and his girlfriend—were attacked while in a Toyota saloon car; a gun was pointed at them, and their phones, money, and the vehicle (with a Dell laptop) were taken. The appellant was convicted and given 35 years on each count, concurrent. On appeal, the court emphasized statutory minimums for robbery and that sentencing discretion must be exercised fairly and rationally, with appellate interference only for wrong principles or manifest excess. Noting youth (20) and first-offender status, absence of injury, and aggravating factors (weapon at night, unrecovered property, spate of robberies), the court found the trial judge had not shown balancing of factors and reduced the sentence to 25 years, effective from conviction.