OBED NYARKO VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG- OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a 4-year sentence for stealing under section 124 (1) of the Criminal Offences Act, Act 29 of 1960. The appellant argues the sentence is too harsh. The trial court stated it considered mitigating factors but failed to justify the sentence difference between similarly situated defendants. The appellate court agreed with the appellant that the 4-year sentence was excessive and revised it to 3 years.
This an appeal against the sentence of the Dormaa Ahenkro Circuit Court, presided over by Her Honour Philomina Ansaah Asiedu of the Accused/Appellant herein simply referred to as the appellant.
The appellant was charged with the offence of stealing contrary to section 124 (1) of the criminal offences Act, Act 29 of 1960 as amended by paragraph 4 of NLCD 396 of 1969 and conspiracy contrary to section 23 (1) Act 29 of 1980 the appellant pleaded guilty to the offence of stealing and not guilty to the offence of conspiracy.
The appellant who was charged with others was then convicted on his own plea of guilty in respect of the offence of stealing and sentenced on 2nd day of August, 2023 to four (4) years imprisonment.
It is against the sentence that the appellant has with the leave of the court granted on 28th February, 2024 launched this instant appeal.
Ground(s) of Appeal The Appellant filed one ground.
And that the ground of Appeal filed on 7th March, 2024.
a) That the sentence is too harsh under the circumstance.
Facts of the case The complainant in this case is a businessman residing at Dormaa Ahenkro whilst A1 and A2 (the appellant herein) are tricycle rider and electric welder residents of Dormaa Ahenkro and Sunyani respectively.
A3 now at large recruited A2 his former school mate from Sunyani to Dormaa Ahenkro to steal tricycle (pragya) and were accommodated by A1 at KDS a suburb of Dormaa Ahenkro.
About 10: 00pm same day all accused persons proceeded to the former main lorry station area close to the Dormaa central mosque where the complainant rider has parked his black and Yellow tricycle value Ghc28, 000. 00 and was attending to a pressing issue.
A3 quickly disconnected the ignition cables and rode same while A2 and A2 were on board.
A3 after riding the tricycle within a short distance handed over to A1 who is well known to the police as tricycle rider in order to outwit police suspicion.
Upon reaching Wamfie the Accused persons branched route to evade the various police check points.
About 6: 00am the following morning the accused persons upon reaching a village near Wawasua close to Sunyani run out of fuel and decided to seek for help but which eluded them since the town folks were also in search of a missing tricycle.
As they were been questioned, A3 sensed danger and quickly dashed through the nearby bushes and escaped arrest A1 and A2 were arrested and handed over to Sunyani police who also handed them over to police at Dormaa Ahe