J U D G M E N T

KWOFIE, JSC:

My Lords, the issue for determination in this appeal is a very simple one: whether a convict/appellant who has finished serving the sentence imposed on him and has been released from prison custody, could have his sentence enhanced by the appellate court.

The appellant launched the instant appeal against the judgment of the Court of Appeal, Accra dated the 2nd June 2022. The Court of Appeal dismissed the appellant’s appeal against his conviction and sentenced by the High Court, Accra. The court also enhanced the 5-year sentence imposed on the appellant by the High Court to 10 years I.H.L. It is against this enhancement of the sentence which had at the time been fully served by the appellant and who had been discharged from prison which is the subject of this appeal. The appellant appealed against the sentence by a Notice of Appeal dated 27th June 2022.

The facts giving rise to this appeal are not much in dispute. The complainant Obuoba Addy and the victim Ayitey Okaidja who were members of the Sakumo Amartse We family of Accra were assigned to visit the family land at Adjangote near Kwabenya, Accra to ensure that encroachers did not take over the land. On 11th November 2013, when the two went unto the land they met some people working on the land and in an attempt to enquire from those workers who gave them the land, they were confronted by the appellant herein Mustapha Iddrisu, Ahmed Dawood, Baaba Yaro and others now at large who claimed they were hired by the first accused person to protect the land. During a misunderstanding between the two factions, the victim Ayitey Okaidja attempted to make a phone call and that infuriated the other parties. The appellant Mustapha Iddrisu suddenly attacked the victim with a sharp cutlass and cut off his left hand at the wrist. The complainant rushed the victim to the Ghana Atomic Energy Commission (GAEC) Clinic and later made a report to the police. The police accompanied the complainant to the crime scene and recovered the severed hand and the victim was later referred to the Korle Bu Teaching Hospital where he was admitted for treatment but the severed hand could not be re-attached.

JUDGMENT OF THE HIGH COURT

The appellant was charged before the High Court, Accra with the offence of Causing Harm contrary to section 69 of the Criminal and Other Offences Act 1960 (Act 29). At the end of the trial, the appellant was convicted and sentenced to 5 years I.H.L. and was order