NELSON MAKAFUI FIAKPUI v. THE REPUBLIC
March 11, 2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A. (PRESIDING)
- JANAPARE BARTELS KODWO, J.A.
- S. ROSETTA BERNASKO ESSAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
March 11, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal of Ghana, per S. R. Bernasko Essah, J.A., considered the appeal of a 19‑year‑old trader convicted of robbery arising from an incident near Ho Technical University in which he and two accomplices, armed with a knife and a gun, attempted to seize Mawuli Ayivi’s motorbike, threatened to shoot him, and fled with his Techno phone and GH¢50 after gunshots were heard. The Circuit Court imposed 20 years’ imprisonment with hard labour; the High Court reduced it to 15 years, rejecting application of the Juvenile Justice Act (Act 653). On this further appeal, the appellant argued Article 19(6) and that he qualified as a “young offender” under Act 653, seeking detention not exceeding three years under Section 46(1)(d). The Court held that ‘young offender’ requires an offence carrying an option of a fine, which robbery does not; Section 46(1)(d) governs detention orders and cannot override mandatory minimums. The appeal was dismissed and the 15‑year sentence affirmed.
S. R. BERNASKO ESSAH (MRS.), J.A.
In this appeal, filed at the instance of the Accused/Appellant, (hereinafter referred to as the Appellant) on the 30th of July 2021, He prays this Court to set aside his Sentence on grounds that: “The sentence of Fifteen years imposed on a young offender is extremely harsh and excessive”
The facts leading up to the instant appeal are that on the 24th of January 2018, at around 11:15 pm the Appellant, then a 19 year old trader asked the complainant one Mawuli Ayivi, a commercial Motor Rider (Okada) to take him to a place around the Ho Technical University. On reaching an isolated spot near JIMFUGAH hostel near Ho Technical University, the Appellant requested to alight and pretended taking out money to pay the complainant. He was suddenly joined by two others who were standing by a nearby bush wielding a knife and a gun.
They wrestled with the Complainant to take over his motor bike amidst threats that they will shoot him if he resisted or failed to hand over the motor bike.
Complainant shouted for help and the Appellant and his accomplices attempted to gag him with cell tape amidst gun shots. A private security person nearby overheard the shouts and gunshots and raised alarm which attracted others leading to the Appellant and his accomplices bolting from the scene after taking the Complainant’s Techno mobile phone valued at Gh70.00 and cash of GH50. The motor bike, being unable to spark, they left it behind. The Appellant was arrested after identification and upon investigation he was charged with the offence of Robbery Contrary to Section 149 (1) of the Criminal and Other Offences Act (1960) (Act 29) as amended by Act 643. Upon conviction by the Circuit Court he was sentenced to Twenty years imprisonment with hard labour, the Court having also been informed that Appellant was ‘known’, in that he was serving a 24 month jail term for stealing a motor bike.
Dissatisfied with the sentence, the Appellant appealed against it to the High Court on grounds that the sentence was harsh having regard to his age and the circumstances of the case.
In its judgment, delivered on 14th July 2021, the High Court rejected the submission of Counsel for Appellant, to the effect that Appellant ought to have been sentenced under Section 46(1) (a) and 46(8) of Juvenile Justice Act (2003) Act 653 and sent to a correctional facility. The Court held that Appellant committed an offence, the punishment of which carried no fine, therefore although