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March 14, 2023
HIGH COURT
GHANA
CORAM
The appellant who is aged 25 years was convicted for the offences of
(1) Unlawful entry Contrary to Section 152 of the Criminal Offences Act 1960
(Act 29).
(2) Stealing Contrary to Section 124(1) of Act 29.
When put before court, he pleaded not guilty to the charges. After full trial the Circuit
Court presided over by Hs Honour Michael Johnson Abbey found merit in the
prosecution case and convicted the appellant and on the 6/07/2022 sentenced him to
prison term of 2 years IHL.
The facts leading to this case as disclosed from the record of appeal and statement of
facts attached indicate that the appellant entered the shop of the complainant
unlawfully and stole the items retrieved from him when arrested. Though he denied
the offence he could not lead the police to ascertain the truth or otherwise of all the
persons he mentioned to have sold the items to him.
I also reckon from the record that appellant had similar cases pending before court
against him which the trial court took judicial notice of.
Also, the Republic/respondent is opposed to remission f sentence because the sentence
is not harsh nor excessive.
Now the items stolen has been retrieved and handed over to the complainant. The
goods were worth GH¢4,000.0. The sentence is within the law as the trial court took
into account mitigating factors but was firm in his decision that the punishment must
serve as a deterrent to other young men like appellant.
I do not consider the sentence to be harsh nor excessive.
But having approached the court on his knees it is the conclusion of the court that the
appellant is entitled to a downward review of his sentence. The reasons are that,
He is a first time offender.
Our prisons are full and the continuous incarceration of these young men put
more pressure on our already weak purse.
That the items were retrieved.
That he may serve his punishment and come out quickly to be useful for
himself as a young man.
Having given the above consideration a full thought, I review the sentence to 15
months IHL. The sentence is to take effect from 6/07/2022.
(SGD)
CHARITY A. ASEM (MRS)
JUSTICE OF THE HIGH COURT
AI Generated Summary
A 25-year-old appellant was tried in the Ghanaian Circuit Court for unlawful entry under Section 152 of the Criminal Offences Act, 1960 (Act 29), and stealing under Section 124(1). He pleaded not guilty, but the court presided over by His Honour Michael Johnson Abbey convicted him and imposed a two-year imprisonment with hard labour on 6 July 2022. The record of appeal indicates he unlawfully entered the complainants shop and stole goods worth GH,000, which were retrieved and returned. On appeal, the Republic opposed remission, arguing the sentence was not harsh or excessive. Justice Charity A. Asem of the High Court agreed the sentence was within the law, not harsh, and served deterrent aims. Nevertheless, weighing mitigation and policy factorsfirst-time offender status, prison overcrowding, recovery of property, and prospects for rehabilitationthe court granted a downward review and reduced the sentence to 15 months IHL, effective from 6/07/2022.