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
2021
SUPREME COURT
GHANA
CORAM
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.
KULENDI JSC:-
INTRODUCTION
Upon a cursory glance, this Appeal appears to be a normal appeal against a sentence by a convict. However, upon closer inspection and a lot of introspection, this matter transforms into one of immense jurisprudential importance with the very essence and nature of justice at the heart of the main issue that this set of facts raises.
This is an appeal against the judgment of the Court of Appeal upholding the life sentence handed to the Appellant by the Kumasi High Court on the 18th day of August, 2000 for having committed the offences of Conspiracy and Robbery. At the time of the sentencing of the Appellant, the law governing the sentencing of people convicted of Armed Robbery was the Suppression of Robbery Decree, 1972 (N.R.C.D. 11). The relevance of this point will become increasingly obvious in the course of this opinion.
The Appellant, who represents himself, argues that the life sentence imposed on him is harsh and excessive given the circumstances surrounding the case as well as the proceedings in Court.
The Appellant, then aged 32, was arraigned before the High Court, Kumasi, coram: His Lordship Mr. Justice S.E. Kanyoke, and charged with Conspiracy to Commit Robbery and Robbery contrary to Sections 23 and 149 of The Criminal and Other Offences Act, 1960 (Act 29) respectively. He pleaded not guilty to both counts but after trial was convicted and sentenced to life imprisonment in accordance with the terms of Section 2 of the Suppression of Robbery Decree, 1972 (N.R.C.D. 11). He appealed against the conviction and the sentence, but his appeal was dismissed by the Court of Appeal on 24th February, 2012 leading to this current Appeal. He filed the notice of appeal on 28th April, 2020 pursuant to leave granted on 24th March, 2020.
BACKGROUND
The background as can be ascertained from the record is as follows;
The Appellant and five (5) others are said to have entered the house of one Kofi Tawiah at Boate near Obuasi on 1st January, 1999 around 1:30am. On reaching the said house, they did not meet Mr. Kofi Tawiah. Instead, they met Kwabena Obeng, a co-worker of Mr. Tawiah’s who was taking care of the house in Mr. Tawiah’s absence. Mr. Obeng told the robbers that Mr. Tawiah had gone to Kumasi for the holidays when the robbers mentioned that they were looking for him. The robbers, who thought Mr. Obeng was Mr. Tawiah, ordered him at gunpoint to lead them into the bedroom. Mr. Obeng and others were subjected to beatings by the