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May 23, 2024
HIGH COURT
GHANA
CORAM
This is an appeal against the conviction and sentence imposed on the Appellant by the district magistrate court at Akim Akwatia in the Eastern Region.
The District court, Akim Akwatia, on the 4th Day of January, 2024 convicted the appellant on his own plea of guilty of the offence of Fraudulent breach of Trust contrary to section 128 of the Criminal Code, 1960 (Act 29). The appellant after his conviction was sentenced to eight (8) months’imprisonment IHL.
The appellant being dissatisfied, has brought this instant petition of appeal against his sentence.
The particulars of the offence are that the Appellant aged 35 years in the year 2022 at Boadua in the Eastern District and within the jurisdiction of this court, did dishonestly appropriate cash the sum of GHc10, 000. 00, the ownership of which was invested in him as a trustee on behalf of Francis Marfo.
The brief facts of the case as presented by prosecution was that the complainant is an excavator operator and resident of Asamankese whiles the Appellant Mumuni Adama is a farmer and resident of Boadua.
Sometime in the year 2022 complainant Francis Marfo bought a Hyundai Jet Taxi and hired the services of Afoakwa Frederick a witness in the case.
Due to some mechanical problems, complainant who by then was at Kumasi asked his driver Afoakwa Frederick to sell the car at the cost of GH¢17, 000. 00. Complainant used GH¢7, 000. 00 and entrusted the balance GH¢10, 000. 00 with his trusted friend Mumuni Adama the Appellant through his driver Afoakwa Frederick because he was going to be away for 2 months.
In April 2023 Complainant wanted the said money for a transaction but surprisingly all effort made to take the money from his trusted friend proved futile hence the report to police.
Appellant in his Investigation Cautioned Statement admiꢀed having been entrusted with cash an amount of GH¢10, 000. 00 but invested same in his farm business without the consent of his trusted friend Francis Marfo.
The appellant herein is appealing his sentence on the contention that his sentence of 8 months IHL is rather harsh and excessive having regard to the circumstances of the case as presented by prosecution and the provisions of the Criminal and other offences Act(29/60). That The Record of Appeal shows that after the charges were read and explained to the Appellant in the Twi Language, he pleaded guilty simpliciter to the charge after which the facts of the case were read or presented to the Court by the prosecution.
The
AI Generated Summary
This High Court appeal concerns the sentencing of Mumuni Adama, a 35-year-old farmer from Boadua, who pleaded guilty in the Akim Akwatia District Court to fraudulent breach of trust under section 128 of the Criminal Offences Act, 1960 (Act 29) after he dishonestly appropriated GH¢10,000 entrusted by his friend, excavator operator Francis Marfo, through driver Afoakwa Frederick. The district magistrate imposed eight months’ imprisonment in hard labour and ordered restitution. On appeal, Adama’s counsel abandoned the challenge to conviction and argued that the sentence was harsh and excessive because the trial court failed to conduct a pre-sentencing hearing and to take mitigation despite cooperation and remorse. The Respondent stressed statutory maxima and judicial discretion but conceded the record lacked mitigation. Applying settled principles of appellate review and section 30 of the Courts Act, Her Ladyship Ruby Naa Adjeley Quaison held the sentence excessive and substituted a fine of 200 penalty units or, in default, six months’ imprisonment, and directed restitution, effective from 4 January 2024.