KWAME MENSAH & ANOTHER v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- DENNIS DOMINIC ADJEI, J.A. (PRESIDING)
- CECILIA H. SOWAH, J.A.
- L. L. MENSAH, J.A
Areas of Law
- Criminal Law and Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against the sentencing of two appellants convicted of robbery and rape. The appellants, aged 22 at the time of the crime, were sentenced to 30 years for robbery and 15 years for rape, to run concurrently. They appealed for a reduction in sentence based on their remorse, age, and status as first-time offenders. The court dismissed the appeal, emphasizing the seriousness of the crime, its premeditation, and the need for deterrence. The judgment reaffirms principles of sentencing, including consideration of the offense's seriousness, societal impact, and the multiple purposes of sentencing (punishment, deterrence, and societal protection). The court also noted that in cases of deterrent sentences, factors like youth and good character may not warrant sentence reduction.
J U D G M E N T:
L. L. MENSAH, J.A.
This is an appeal by the Appellants who were convicted by Suurbaareh J (as he then was) sitting with a Jury on 29th November 2010 at High Court, Koforidua for the offences of conspiracy to rob, and robbery, and conspiracy to rape and rape.
The particulars of the offences are that the two Appellants on or about the 30th day of August 2007 at about 1.30 a.m. at Domeabra, Nkwawkaw in the Eastern Region did agree together with a common purpose to commit robbery. The third and 4th counts are that the two Appellants on or about 30th August 2007 at about 1.30 a.m. did agree together with a common purpose to forcibly have sexual intercourse with Margaret Serwah without her consent, and did forcibly have sexual intercourse with the said Margaret Serwah.
After full trial the two Appellants as aforementioned were sentenced to 30 years imprisonment for conspiracy to rob and robbery. The 2nd Appellant was however with first Accused sentenced to 15 years imprisonment for actually violating the sanctity of Margaret Serwah. For this the 2nd Appellant received a 15 years imprisonment. The sentences were to run concurrently.
There are six grounds the of appeal. These are:
1. The sentences are harsh, taking into account their remorse for committing the offences, hence their plea for mitigation of sentence.
The further grounds of appeal are:
(1) Appellants who are first offenders are very sorry and sincerely regret committing the offences.
(2) Appellants humbly wish to express their sincere apology to the victims of their crimes, especially the rape victim whose humiliation cannot be quantified or adequately described.
(3) Appellants have been in lawful custody since their arrest on 2nd September 2007, over three years before their conviction and sentence on 29th November, 2010.
(4) The over eight (8) years that the Appellants have spent in prison as remand and convict prisoners, have taught them a bitter lesson and they vow to be of good behaviour and not to have any brush with the law again.
(5) Appellants are humbly pleading with the Honourable Court to take into account their remorse, their ages of 22 years, their being first offenders and the time they spent in lawful custody since their arrest and grant them mitigation of sentence.
The relief sought by the Appellants from the Honourable Court is to temper justice with mercy and reduce the Appellant’s sentence to the minimum with effect from the date of their arrest which