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March 17, 2023
HIGH COURT
GHANA
CORAM
Appellant was charged with two Counts of Offences as follows;
(Act 29) to Adi Seth and on Count 2 to Gbokpa Beauty on the 14/03/2021 by
pouring acid on them.
Accused when put before court pleaded guilty with explanation to the charge; and gave
a long reason why the only thing he could use to defend himself when being beaten by
the complainants was the acid. The trial court after listening to his story entered a plea
of guilty for accused and proceeded to convict him and sentenced him as follows;
“Considering the injury caused to the victims especially Adi Seth, the plea of
leniency of accused person is rejected. To pour a chemical with corrosive effect on
any human being is nothing but callous; as the accused himself told the court he
is ordered to pay the medical expenses that will be incurred on the treatment of
the victims in accordance with Section 148 Act 30, Accused person is ordered to
also pay compensation of GHc1,000.00 to the victim Adi Seth and Ghc500.00 to
victim Gbokpa Beauty forthwith. Accused is sentenced to ten (10) years
imprisonment in hard labour on Count 1 and 5 years on Count 2. Both sentences
were to run concurrently.”
Now I noted from the record of appeal that the incident of pouring the acid on both
victims happened at the same time. The prosecution ought to have presented only one
count in respect of both victims. However, this anomaly has not occasioned any
miscarriage of justice.
The appellant upon securing the leave of this court has presented the instant appeal. His
grounds of appeal are as stated in the notice filed on the 25/10/2022.
1. That the conviction and sentence was wrong in law in view of the defence of the
appellant.
2. That the sentence was excessively harsh and severe (mitigation of sentence).
In view of the fact that the appeal is against both conviction and sentence, it will be
appropriate to state the facts of this case for its full effect.
BRIEF FACTS
Complainant, Nyadroh Yao, is a business man who lives at Hohoe whilst the Appellant
is a Sanitation officer resident at Hohoe Zongo. The victim Adi Seth is a Motor Rider
known as “Okada Rider” also resident at Hohoe.
On 12th March 2012, the appellant hired the victim to send him from Hohoe to Kpando
and back to Hohoe at a fee. When they returned from Kpando on same day the appellant
asked the victim to come for his money the next day. On 14th Mar
AI Generated Summary
This High Court appeal arises from a conviction in the Hohoe Circuit Court for causing unlawful harm, where the appellant, a sanitation officer, splashed a chemical suspected to be acid on motor rider Adi Seth and bystander Beauty Gbokpa during a dispute over transport fare. He pleaded guilty with explanation, claiming he acted while being beaten, but the trial court entered a guilty plea and imposed concurrent sentences of ten years (count 1) and five years (count 2), plus compensation and medical expenses. On appeal, Justice Charity A. Asem considered whether the explanation amounted to a defense making the plea equivocal and whether the sentence was excessive. Applying precedents and statutory provisions on pleas and self-defense, the court upheld the conviction, finding no imminent danger or justification, but reduced the sentence to five years on count 1 and three years on count 2, to run concurrently from 18/03/2021, recognizing mitigation and prison congestion.