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KWAKU SARPONG v. THE REPUBLIC

2022

COURT OF APPEAL

GHANA

CORAM

  • OFOE (MR.) J.A (PRESIDING)
  • BARTELS-KODWO (MRS.) J.A.
  • BERNASKO ESSAH (MRS.) J.A.

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

Janapare A. Bartels-Kodwo, J.A., writing for the Court of Appeal, Kumasi, dismissed an appeal by the fourth accused arising from a multi-incident robbery spree on 21 February 2007 across New Bomfa, Bomfa Nkwanta, Pemanase and nearby areas. The appellant, a driver, with co‑accused including Sulimaila Basiali, hired and forcibly seized multiple taxis (including BA 5593C and GT 313 75) using a locally‑made pistol, dispossessing victims Mohammed Tanko, Osei Samuel, and trader Abdul Iddrisu of vehicles, cash, and goods. After arrests at a barrier mounted by Nyameani residents, stolen items and a pistol with cartridges were recovered, and several accused admitted involvement; A5 admitted selling stolen phones and refunded GH¢9,000. The High Court convicted the appellant on his own guilty plea and imposed twenty‑five years’ imprisonment on five robbery counts, concurrently. On appeal, unrepresented, he argued the sentence was extremely harsh. The State relied on sections 149 and 150 of Act 29, BEHOME v Republic, and sentencing principles in FRIMPONG alias Iboman and Kwashie. Applying those authorities and mitigation principles from Asaah alias ASI and Dabla, the Court held the spree’s severity warranted the sentence and rejected mitigation, affirming the twenty‑five‑year term, with Ofoe, J.A. and Bernasko Essah, J.A. concurring.

JUDGMENT