MUSAH USMAIN & ANOR VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
A1/Appellant and A2 were convicted by the Accra Circuit court for conspiracy to commit stealing, stealing, dishonestly receiving, conspiracy to commit unlawful damage, and causing unlawful damage. The court found the prosecution proved the charges and convicted them. A1 appealed on several grounds including miscarriage of justice and harsh sentencing. The appellate court upheld the convictions on counts 1, 2, and 4 but found no evidence for count 5, reducing the sentences for counts 1 and 2 from 3 years to 1 year imprisonment and for count 4 from 2 years to 1 year imprisonment. The appeal succeeded in part.
The A1/Appellant herein and A2 were arraigned before the Accra Circuit court upon a charge sheet filed at the Registry of the Court on the following charges: Count one: Conspiracy to commit crime to wit Stealing contrary to Sections 23 and 124(1) of Act 29/60. The A1 was the one charged under this count.
Count Two: Stealing contrary to Section 124(1) of Act 29/60. The A1 was charged under this count.
Count Three: Dishonestly Receiving contrary to Section 146 of Act 29/60. A2 was charged under this count.
Count Four: Conspiracy to commit crime to wit causing unlawful damage contrary to Section 23(1) and 172 (1) (b) of Act 29/60. Both A1 and A2 were charged under this count.
Count five: Causing unlawful damage contrary to Section 172 (1) (b) of Act 29/60. Both A1 and A2 were charged under this count.
After a full trial, the court found that the prosecution has been able to prove the guilt of the accused persons and convicted them and sentenced them as follows: A1: COUNT 1: 3 years in prison IHL and a fine of 400 penalty units in default 2 years imprisonment.
Count 2: 3 years imprisonment IHL and a fine of 400 penalty units in default 2 years imprisonment.
Count 4: 2 years imprisonment IHL and a fine of 300 penalty units in default I year imprisonment.
Count 5: 2 years imprisonment IHL and a fine of 300 penalty units in default 1 year imprisonment.
A2 was sentenced as follows: Count 3: 2 years IHL and a fine of 300 penalty units in default 1 year imprisonment.
Count 4: 2 years IHL and a fine of 300 penalty units in default 1 year imprisonment Count 5: 2 years IHL and a fine of 300 penalty units in default 1 year imprisonment.
It is against this judgment that the A1/appellant filed the instant appeal on the 11th of August 2023 which petition of appeal was amended on the 21st of November 2023 appealing against the whole judgment of the trial Circuit court dated the 13th of July 2023. FACTS OF THE CASE The case of the prosecution as presented to the court was that the complainant Banabas Cudjoe is the Internal Auditor of Yadco Ghana Limited and resident at Awudome Estate.
Al is a Vulcanizer and A2 a Scrap dealer all resident at Kanda and Sabon Zongo, Abosey Okai respectively.
The prosecution states that on or about the 17" day of August, 2021, Al and one Alhaji M. A. Timbila alias Zaaki now at large, hatched up a plan to sell some of industrial equipment belonging to Yadco Company around Papaye area along the Accra Tema Motorway without the consent