OSEI BONSU v. THE REPUBLIC
March 31, 2022
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- A. B. POKU-ACHEAMPONG, J. A.
- S. K. A. ASIEDU, J. A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
March 31, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice Alex B. Poku-Acheampong authored this Court of Appeal decision on Osei Bonsus further appeal from a High Court sentence of eight years imprisonment with hard labour for stealing building materials valued at GH2,000 from K. Gyasi Company Limited, owned by Nana Kwadwo Gyasi. Bonsu, the Adadientem branch manager, pleaded guilty and was convicted; the Circuit Court imposed 10 years and ordered restitution. On the second appeal, counsel argued he was denied mitigation, violating Article 19(1), and sought further reduction. The court found he had pleaded for mitigation and surveyed sentencing principles emphasizing deterrence for grave offences, societal interests, and appellate restraint. Highlighting aggravating factorsfiduciary breach, five-month absconding, and no refundand acknowledging over three months in custody under Article 14(6), the court affirmed the eight-year term and maintained the refund order, dismissing the appeal.
POKU-ACHEAMPONG, J.A.:
We have before us my lords an appeal against the sentence imposed on the Appellant by a Kumasi High Court in a judgment dated 30th July 2020.
Background:
The Appellant a 32 year old manager of the Adadientem branch of the complainant’s Company, K. Gyasi Company Limited, dealers in building materials, was arraigned before the Circuit Court Juaben Ashanti on a charge of stealing contrary to Section 124(1) of the Criminal Offences Act, 1960, Act 29.
The particulars of offence was as follows:
“Osei Bonsu aged 32 years, manager; on 08/09/2018 at Adadientem near Ejisu in the Ashanti Circuit and within the jurisdiction of this court, you did steal 3,512 bags of cement 1,163 pieces of iron rods, 55 boxes of nails and 171 pieces of roofing sheets all valued at ¢108,000.00 the property of one Nana Kwadwo Gyasi.”
The Appellant initially pleaded not guilty to the charge and was granted bail on 13/3/2019. He subsequently changed his plea to that of guilty simpliciter on 10th of May 2019 when he appeared before the trial Court whereupon he was convicted on his own plea after the charge had been read over and explained to him in the Twi language.
The Appellant (Accused) was then remanded in prison custody to reappear in court on 20/05/19 for sentencing.
On 20/05/2019, the Accused/Appellant pleaded for mitigation of sentence. In passing sentence the Court noted the accused’s plea of mitigation and decided as follows:
“Accused pleaded guilty simpliciter to the charges preferred against him. Accused however has failed to refund the money he stole.
Refund:
Accused is sentenced to Ten (10) years imprisonment with hard labour. Accused is hereby ordered to refund to complainant Nana Kwadwo Gyasi the sum of One Hundred and Eight Thousand Ghana Cedis (GH¢108,000.00).
On 26/7/2020 the Appellant appealed against the judgment of the Circuit Court with the following as the grounds of appeal:
(1) That the conviction cannot be supported having regards to the evidence on record.
(2) That the Trial Court erred in accepting a plea of guilty by the Appellant herein when the circumstances of the case and the facts presented do not support the charge.
(3) That the sentence is too harsh having regard to the circumstances and nature of the case.
(4) That the Trial Judge failed to take into consideration the plea of the Petitioner for mitigation and consider the circumstances / facts of life of the Petitioner.
The Appellant sought the following reliefs in