OSEI KWAME VS THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU
Areas of Law
- Criminal Law and Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was sentenced to ten years of hard labour for abetment of crime and appealed for a reduction in his sentence. The High Court of Accra found that the trial court did not adequately consider the mitigating factors, such as the appellant's remorse, being a first-time offender, and the negative effect of his incarceration on his children's education. Consequently, the High Court reduced the sentence from ten years to five years.
This is a criminal appeal by the Appellant for mitigation of sentence, that is for a reduction of the sentence imposed on him by the Circuit Court, Accra.
The Appellant was the 4th accused person in the matter.
The Appellant was tried in the court below on a charge of abetment of crime contrary to section 20(1) of Act 29. He was found guilty, convicted and sentenced to ten years in hard labour.
The Appellant is not challenging his conviction, he is praying for a reduction of the sentence imposed on him.
The facts of the case as shown in the record of proceedings are as follows: The complainant is a trader and resident of Manet Court a suburb of Accra.
1st, 2nd and 3rd accused persons are sales boys and are employees of the complainant whilst 4th accused person is a trader residing at Lapaz.
The complainant owns a store at Cow-Lane where he sells sewing materials such as zip, tread, stiff and others.
About a month ago the complainant had information that 1st, 2nd and 3rd accused persons have been stealing some of his goods.
Two weeks later the complainant detected missing of some of his goods and highly suspected the 1st, 2nd and 3rd accused person to have stolen them.
On the strength of this he took stock of goods in his outfit and detected shortage of sewing materials valued GH¢35, 000. 00 and reported the case to police.
The accused persons were arrested and the 1st accused in his cautioned statement told police that, he together with the 2nd and 3rd accused persons stole the complainant’s stiff, zip and tread in sacks on different occasions and gave them to the 4th accused to sell for them but disputed the quantity.
The 4th accused was also arrested who indicated that, indeed the 1st, 2nd and 3rd accused persons gave him the items on five occasions, but asked him to give them to one Adu now at large to sell.
That he did give them to Adu who sold them and gave him the proceeds and he handed over the proceeds to the 1st accused.
They were charged with the offences after investigations.
The Appellant in his grounds of appeal states that: 1. He regrets his action and out of deep remorse he prays for the reduction of the sentence.
2. He is a first time offender and has learnt his lesson and vows to keep away from all forms of crime in future.
3. He is a married man with children of school going age and his incarceration has affected the children’s education negatively and thus prays for mitigation of the sentence.
The Appellant who is unre