NASHIRU BABA @ COBBEE & ANOR v. THE REPUBLIC
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law
- Sentencing Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellants were convicted and sentenced to seven years for conspiracy and stealing. The sentence was appealed on the grounds of harshness for first offenders. The appellate court reduced the sentence to 27 months, considering it an improper exercise of discretion by the trial judge.
JUDGMENT
The two appellants herein were arraigned before the Kumasi Circuit Court where they were convicted on their own guilty plea and sentenced to seven (7) years imprisonment with hard labour on the following charges:
COUNT 1
STATEMENT OF OFFENCE
Conspiracy to commit crime; contrary to section 23(1) of Act 29/60
PARTICULARS OF OFFENCE
1. NASHIRU BABA a.k.a. COBBEE, NIGHT WATCHMAN, AGED 34 YEARS, 2. BARNABAS KUUKALOR, NIGHT WATCHMAN, AGED 23; for that you, on the 5th day of September, 2013, at 2:00am, at Nyhiaeso, Kumasi, in the Ashanti Region and within the jurisdiction of this court, did agree to act together with common purpose to commit crime to wit; stealing.
COUNT TWO
STATEMENT OF OFFENCE
STEALING: contrary to section 12491) of Act 29/60.
PARTICULARS OF OFFENCE
1. NASHIRU BABA a.k.a. COBBEE, NIGHT WATCHMAN, AGED 34 YEARS, 2. BARNABAS KUUKALOR, NIGHT WATCHMAN, AGED 23; For that you , on same day, time and place as aforementioned in the Ashanti Region and within the jurisdiction of this court , did steal 30 crates of canned soft drinks valued at GH¢ 960.00; 10 crates of fox beer valued at GH¢ 550.00; 20 boxes of energy drinks valued at GH¢ 2,400.00; two gas cylinders valued at GH¢ 700.00 and six emptied rubber containers valued GH¢ 30.00; all valued at GH¢ 4, 640.00 the property of one Phyllis Ofori.
The sole ground of appeal contained in the petition is that "The seven years sentence imposed on first offenders were harsh."
When the case came up on 02/11/2015, the court observed that a hearing notice had been served on the Attorney General's Department, Kumasi but without the record of proceedings. Thus, on 09/11/2015, an Assistant State Attorney who had personal conduct of the case was given a copy of the record of proceedings in open court, since their copy for service was still on the docket. The case was subsequently adjourned to 17/11/2015, but when the case was called on that day, the said Assistant State Attorney was absent without reason. Therefore, the court proceeded to hear the submissions of counsel for the appellants.
In condemning the sentence, counsel for the appellants said his clients who were convicted on 09/09/13 are first offenders. Counsel prayed the court to exercise its discretion by reducing the sentences imposed on them as first offenders. He urged the court to consider the fact that the Appellants have regretted their actions and have been of good conduct in the prisons.
The punishment for the offence of st