KWAKU ABOAGYE 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 was convicted of robbery and sentenced to 25 years in prison, a ruling made without sufficient reasoning from the trial judge. On appeal, the conviction was affirmed but the sentence was reduced to 10 years due to lack of evidence proving the use of a knife and recognition of mitigating factors such as the appellant’s age, first-time offender status, and retrieval of the stolen items. The court found that while the trial judge did not provide detailed reasons for the decision, this did not cause a substantial miscarriage of justice. However, the sentence was deemed excessive and thus reduced.
A. M. DOMAKYAAREH (MRS), J.A.
1. The appellant in this case was tried on a charge of Robbery contrary to Section 149 of Act 29/60. The particulars of the offence on which he was tried were that on the 29th day of July 2005, at Dote-Kumasi, the appellant, then the accused robbed on Linda Kankam, the complainant therein of one Lady’s Black Hand bag containing her Ghanaian Passport No. H 099053, one Motorola mobile phone with chip No. 0244426337 valued at ¢1.5 million (Gh¢150.00), a bunch of keys, valuable documents, cash of ¢600,000.00 (Gh¢60.00), one polythene bag containing black and white sewn cloth, one Linen material, one umbrella all to the total value of ¢360,000.00 (Gh¢36.00). Total value ¢2,475,000.00 (Gh¢247.50)
He was convicted on the 1st day of March 2006 as a first offender and sentenced to 25 years Imprisonment with Hard Labour (IHL).
2. Pursuant to leave granted by the High Court, Kumasi on the 18th day of November, 2014, the appellant filed an appeal against his conviction and sentence on two grounds, namely: -
(a) The conviction is bad in law and
(b) The sentence of the trial court is harsh and excessive having regard to the circumstances of the case.
In respect of ground (a) of the grounds of appeal, Counsel for the appellant stated the particulars of error of law committed by the trial judge as follows: -
“The trial judge failed to give reasons for his decision which occasioned a substantial miscarriage of justice having regard to the seriousness of the offence and the nature of the evidence”.
3. We shall now consider the grounds of appeal in the light of the Record of Appeal, the evidence therein contained and the applicable law.
GROUND (A)
The conviction is bad in law.
PARTICULARS OF ERROR OF LAW
The trial judge failed to give reasons for his decision which occasioned a substantial miscarriage of justice having regard to the seriousness of the offence and the nature of the evidence.
It is pertinent to quote the full judgment of the trial judge to appreciate the import of this ground of appeal. The judgment was couched thus in these few lines: -
“I am convinced that the prosecution has discharged its burdenof proving the guilt of the accused beyond reasonable doubt.And I so find the accused guilty of the offence of Robbery and accordingly convict him under Section 149 of Act 29. …The accused is a first offender. He is sentenced to a term of 25 years IHL”.
It is obvious from the full judgment quoted above that no reasons