Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

OBENG GYEBI v. THE REPUBLIC

2021

SUPREME COURT

GHANA

CORAM

  • DOTSE, JSC (PRESIDING)
  • DORDZIE (MRS.), JSC
  • AMADU, JSC
  • PROF. MENSA-BONSU (MRS.), JSC
  • KULENDI, JSC

Areas of Law

  • Criminal Law and Procedure
  • Constitutional Law

AI Generated Summary

The Supreme Court of Ghana, per Justice E. Y. Kulendi, with Justices V. J. M. Dotse, A. M. A. Dordzie (Mrs.), I. O. Tanko Amadu, and Prof. H. J. A. N. Mensa-Bonsu (Mrs.) concurring, allowed an appeal against sentence for an appellant convicted of conspiracy and robbery arising from a 1999 incident at Boate near Obuasi in which Kofi Tawiah’s residence was invaded, caretaker Kwabena Obeng was assaulted, and cash and gold were taken. The High Court (Justice S. E. Kanyoke) imposed life imprisonment under the Suppression of Robbery Decree, 1972 (NRCD 11). After the Court of Appeal dismissed a prior appeal, the Supreme Court held that an appellate rehearing must apply the law at the time of appeal. Relying on Article 19(11) of the 1992 Constitution, section 35(2)(e) of the Interpretation Act, 2009 (Act 792), and section 32 of the Criminal Offences (Amendment) Act, 2003 (Act 646), the Court replaced the life sentence with a thirty-year term, counting remand time, while recognizing a fifteen-year minimum due to weapon involvement.