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May 9, 2025
HIGH COURT
GHANA
CORAM
The Appellant herein filed a petition of appeal on the 19th of December 2024 against the sentence by the Koforidua Circuit Court. The appellant was charged with the offence of unlawful entry and stealing contrary to Sections 152 and 124(1) of the Criminal Offences Act 1960 Act 29. He was arraigned before the trial court on the 9th of January 2018 wherein he pleaded not guilty to the counts after same were read and explained to him in the English Language.
After a full trial, the accused was on the 12th of June 2018 found guilty, convicted and sentenced to two years IHL for the offence of unlawful entry and eight (8) years IHL for the offence of stealing. It is against this sentence that the appellant filed the instant appeal.
The grounds of appeal filed are that:
1. That the Honourable Court should temper justice with mercy and commute the sentence to the barest minimum considering the facts of the case.
2. That the Appellant has deeply regretted his actions, and it is out of profound remorse that he is praying for mitigation of his sentence.
3. That the Appellant who is a first-time offender has really learnt his lessons over the period of time served in incarceration under the harsh and severe conditions in detention and has vowed never to engage in any criminal activity again when given the opportunity.
4. That the Appellant prays the Honourable count to kindly consider the psychological and negative consequences of long incarceration and commute the sentence do the barestminimum.
5. That the Appellant prays the honourable court to have her natural empathy on the humble repentant Appellant and reduce the sentence to the barest minimum.
The facts of the case is that the complainant Favour Tsormana is a 47-year old trader und resident at Bornya, Koforidua while the accused person Paul Lartey is a 28-your old tailor and a resident of Suhum. The prosecution stated that on the 17th of December 2017 between the hours of 0950 hours and 1120 hours, the complainant and his family left their house at Bornya a suburb of Koforidua to attend church service. By 1130 hours on same day, complainant returned home and found out that, his room and store that were earlier on locked, have been opened and items including cash of GH¢2,000,00, one LG 32 inches flat screen television valued at GH¢2,000.00, unspecified number of half pieces of wax prints, assorted drinks and provisions value yet to be ascer
AI Generated Summary
This criminal appeal arises from the sentencing of Paul Lartey, a 28-year-old tailor from Suhum, convicted in the Koforidua Circuit Court of unlawful entry and stealing after property was taken from the home of trader Favour Tsormana in Bornya, Koforidua. CCTV footage linked a Toyota Corolla (GX 2065-17) to the offence, leading to Lartey’s arrest and recovery of stolen items. Lartey appealed the sentence, advancing grounds centered on remorse, harsh prison conditions, and a plea for mercy. The High Court held that these were pleas rather than legal grounds, and that unlawful entry and stealing are second-degree felonies with statutory sentencing discretion up to twenty-five years. Applying Article 296 and principles of judicial discretion, the court weighed aggravating and mitigating factors, noting premeditation and non-first-time offender status. Finding the trial sentence lawful and no improper exercise of discretion, the High Court dismissed the appeal.