MUMUNI ADAMA VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP RUBY NAA ADJELEY QUAISON (MRS)
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant was convicted for fraudulent breach of trust and sentenced to 8 months' imprisonment. He appealed the sentence, arguing it was excessive and that the trial judge did not consider mitigating factors. The appellate court found the sentence excessive and altered it to a fine of 200 penalty units or 6 months' imprisonment in default, and ordered the refund of the money.
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.
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