MAHAMADU MUMUNI @ OSAMAN VS. THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant, sentenced to fifteen and twenty years for conspiracy to commit robbery and robbery, appealed against his sentences citing excessive punishment, lack of legal representation, and severe detention conditions. The High Court identified procedural errors, notably the wrongful conviction on conspiracy despite a not guilty plea and mismanagement of the guilty plea with explanation on robbery. The court set aside the convictions and sentences on both counts, acquitting the Appellant after recognizing that these errors led to a substantial miscarriage of justice.
This is a judgment hinging on a Petition of Appeal filed on the 9th May 2022 on behalf of the above named Appellant who was the 1st Accused person at the trial Court.
The appeal was filed pursuant to leave granted to file appeal out of time by the High Court on the 29th March 2022. The Appeal was against the sentences on two (2) counts of Conspiracy to commit crime, namely Robbery and Robbery.
The Appellant was sentenced on the 21st July 2014 by the Circuit Court “1”, Accra then presided over by His Honour Francis Obiri Esq. (as he then was) to fifteen (15) years IHL on count one (1) and twenty (20) years IHL on count two (2), both counts to run concurrently.
THE GROUNDS OF APPEAL The grounds of appeal were stated as follows: The original ground of appeal was: 1. That the sentence imposed on the Appellant is harsh and excessive considering the conditions of detention within the prison confines, hence his plea for mitigation.
The further grounds of appeal filed were the following: 2. That the Appellant has regretted his actions and has really learnt his actions over the period of time served in incarceration under the harsh and severe conditions of detention and vowed never to engage in any criminal activity.
3. That the Appellant is a first time offender who was unrepresented, illiterate and unskilled in law, his potential to lead a meaningful defense either by way of countering a conviction and a sentence is limited.
He therefore pleads with your Lordship to kindly consider the negative and psychological effects of long incarceration and commute his sentence.
4. That the Appellant’s prolonged stay in prison may not achieve the reformative effect but rather may produce a hardened criminal instead.
Therefore as a reformed person, it would be beneficial for him to contribute to society.
Hence his plea for reduction in his sentence.
5. That it is therefore these reasons that he is praying the Honourable Court to look at the sentence of the Appellant again considering the young age of the Appellant as a first time offender will be given an opportunity to come out of prison reformed and become a useful law abiding citizen, hence his plea for reduction in his sentence.
THE RESPONSE The Republic/Respondent herein afterwards referred to as the Respondent filed its response through a learned Assistant State Attorney, Selasi Kuwornu on the 24th October 2023. In her response the learned attorney in analyzing the sentences of the Appellant especially on