PATRICK MORDO v. THE REPUBLIC

In the Ghana Court of Appeal at Kumasi, Senyo Dzamefe JA authored a judgment dismissing an appeal by a man convicted of robbery under Section 149 of the Criminal Offences Act, 1960 (Act 29) and unlawful possession of arms under NRCD 9. The appellant had robbed a taxi driver at Boadi and attempted another robbery; he was later recognized by a taxi driver at Asafo and apprehended with a pistol, cartridge, and dagger. The Circuit Court convicted him and imposed 32 years’ imprisonment for robbery; on appeal, the High Court affirmed conviction but reduced the term to 20 years. Before the Court of Appeal, the appellant argued the trial court failed to make primary findings and give reasons, and that the sentence remained harsh. Applying Section 15(2) and Section 30 of the Courts Act, and Section 177(1) of Act 30, the Court held appeals are by rehearing so the appellate High Court could evaluate the record and make findings; reasons are required only where necessary. The Court endorsed eyewitness identification principles and sentencing discretion, found the 20-year term lawful and proportionate, and dismissed the appeal. Mariama Owusu JA and Margaret Welbourne JA concurred.