KWAME ASANTE VS. THE REPUBLIC
July 19, 2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Criminal Law and Procedure
- Evidence Law
July 19, 2024
HIGH COURT
GHANA
CORAM
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INTRODUCTION
On 6th October, 2022, A1 (Appellant) was convicted on two counts for the offence of Being on Premises for Unlawful Purpose Contrary to Section 155 of the Criminal Offences Act 1960 (Act 29) and Attempt to Commit Crime to wit: Stealing Contrary to Section 18 (1) and 124 (1) of the Criminal Offences Act 1960 (Act 29). He pleaded not guilty to the charges after full trial.
He was sentenced to fourteen (14) years imprisonment with hard labour by his Honour Edward Twum Esq. Circuit Court Judge, Duayaw Nkwanta as he then was.
Being aggrieved by the decision of the trial Court, the Appellant filed the present appeal in this Court on 27th November, 2023. Grounds for Appeal a. That the judgment, conviction and sentence are improper since same are not supported by the evidence on record.
b. That the sentence imposed is harsh, on the higher side and same was wrong and contrary to law.
Reliefs sought On the face of the Petition of Appeal, the Appellant did not seek any relief.
Charges Count 1 – Statement of Offence Being on Premises for Unlawful Purpose Contrary to the Criminal Offences Act, 1960(Act 29)Particulars of Offence 1. Kwame Asante: Farmer, Aged: 44 years 2. Osei Kofi: Fitter, Aged: 14 years For that you on the 7th day of January 2022 at Susuanho in the Tano North Municipality and within the jurisdiction of this Court, were at the residence of Osei Yaw for unlawful purpose.
Count 2 – Statement of Offence Attempt to Commit Crime to wit: Stealing Contrary to Sections 18 (1) and 124(1) of the Criminal Offences Act 1960 (Act 29). Particulars of Offence 1. Kwame Asante, Farmer, aged 44 years 2. Osei Kofi Fitter, aged 14 years For that you on the 7th day of January 2022 at Susuanho in the Tano North Municipality and within the jurisdiction of this Court did attempt to steal a goat from the pen of Osei Yaw by using corn grains to trap the goat.
Facts The Complainant lives at Susuanho, Duayaw Nkwanta and rears goats.
Kwame Asante and Osei Kofi are father and son respectively.
The Police received information from the Complainant on 7th November, 2022 at about 3: 00am that the accused persons were arrested near his goat pen at Susuanho in an attempt to steal his goat with corn grains.
On reaching Susuanho, the Police met the accused persons in the Complainant’s custody and some residents of Susuanho having been searched with eleven (11) grains of corn found in the Appellant’s pocket which he was using to trap the goat.
They were handed over to
AI Generated Summary
This High Court appeal by Kwame Asante (A1) arose from his conviction at the Circuit Court, Duayaw Nkwanta, for being on premises for unlawful purpose and attempt to commit stealing. PW1, complainant Osei Yaw, observed A1 and his son, A2, peeping into his goat pen between 2:30 and 3:00 a.m.; police later found eleven maize grains in A1’s pocket and took photographs. A1’s cautioned statement indicated the motorbike had been parked about 100 metres away near a church before they moved toward PW1’s premises. On appeal, the court held that a goat pen within the compound qualifies as “premises” under Section 155, and that the prosecution’s evidence, though terse, established attempt beyond mere preparation. The court noted procedural missteps by the trial judge but found the independent evidence sufficient to sustain conviction. However, it found no proof of prior convictions and faulted the sentence’s form, set aside the 14-year term, and substituted 12 months on count 1 and three years on count 2, concurrent from the original conviction date.