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
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Justice A. M. Domakyaareh (with Justices E. K. Ayebi and G. Torkornoo concurring), reviews the conviction and sentence of an appellant for robbery against Linda Kankam at Dote-Kumasi on July 29, 2005. The appellant was convicted and sentenced to 25 years’ imprisonment with hard labour, but challenged his conviction as legally flawed due to the trial judge’s failure to provide reasons and argued the sentence was excessive. The Court held that while Section 177(1) of Act 30 requires reasons “where necessary,” the record—including the appellant’s admissions—supported the conviction. However, the Court found the alleged knife threat was not proved beyond reasonable doubt, fixing the statutory minimum at ten years, and determined the trial court failed to consider mitigating factors. The Court affirmed the conviction and reduced the sentence to ten years, effective from March 1, 2006, crediting pretrial custody under Article 14(6).
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