PATRICK MORDO v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, JA (PRESIDING)
- DZAMEFE, JA
- M. WELBOURNE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, convicted of robbery and possession of arms, challenged the conviction and sentence. The Circuit Court initially sentenced him to 32 years IHL, which the High Court reduced to 20 years IHL. The appellant claimed that the judgment was unsupported by evidence, that the High Court erred in not making primary findings, and that the sentence was excessive. The appellate court dismissed the appeal, stating that the appellate High Court had the authority to re-evaluate the evidence and make its findings, and affirmed the 20-year sentence as fair and within legal guidelines.
DZAMEFE, JA
The appellant was arraigned before the Circuit Court, Kumasi and charged with the offence of Robbery contrary to Section 149 of the Criminal Offences Act (Act 29) of 1960 and POSSESSING of ARMS & AMMUNITION WITHOUT AUTHORITY CONTRARY to Section 1 & 11 of ARMS & AMMUNITION DECREE NRCD 9.
Plea: The appellant pleaded not guilty to both counts.
Facts
According to the Persecution the complainant is a taxi driver whilst the accused alleged he is a teacher in Accra. The accused succeeded in robbing a taxi driver at Boadi and attempted to rob another taxi driver at the same spot at Boadi but the driver managed to escape. The two drivers informed their colleagues of the conduct of the accused and described his appearance to them. On the 25/5/2012 at about 3.20am complainant saw the accused by the roadside at Asafo and suspected him to be the armed robber. Accused approached the complainant to send him to Boadi. Complainant who became suspicions of the accused’s appearance as described by the colleague drivers began to interrogate the accused. Accused decided not to board the complainant’s taxi cab and took to his heels. Complainant gave him a hot chase and with the help of other drivers accused was arrested. A search in his hang bag discovered a locally made pistol, one life cartridge and a dagger. Accused was handed over to the police and after investigations he was charged with the offence.
The prosecution called four witnesses and the accused unrepresented called no witnesses.
At the end of the trial the court held; -
Per court: - “Per the totality of evidence led, I am convinced the
accused committed the offences charged and I hold same as such. Accused is convicted and sentenced to 32 years IHL on count 1. On count 2 he is sentenced to a month imprisonment. Sentence to run concurrently”.
Signed E. Amo Yartey Esq.
The appellant dissatisfied with the conviction and sentence of the trial Circuit Court, appealed against same to the High Court, Kumasi on the following grounds: -
1. That the judgment cannot be supported having regard to the evidence on record
2. That the sentence is harsh and excessive in the circumstances of the case.
Judgment
The High Court dismissed the appellants appeal against conviction affirming the judgment of the trial Circuit Court. The court however upheld the appeal against the sentence and varied same by quashing the 32 years IHL sentence and reducing same to 20 years IHL effective 12th September 2012.
The a