PERCY ABOAGYE v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- FRANCIS KORBIEH JA (PRESIDING)
- MABEL AGYEMANG (MRS) JA
- MERLEY WOOD (MRS) JA
Areas of Law
- Criminal Law and Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant's conviction for robbery and conspiracy to commit robbery was affirmed by the High Court. However, on appeal, it was established that the Appellant was a juvenile at the time of the offence. The Court of Appeal found that the trial court erred in sentencing the Appellant to a term of imprisonment rather than remitting him to a juvenile court. Consequently, the sentence was deemed excessive and in violation of the Juvenile Justice Act. The Appellants sentence was reduced to a period not exceeding three years, resulting in his release.
MERLEY WOOD JA
This is an appeal against the Judgment of the High Court, Criminal Court 4 on 20th July 2017 affirming the decision of the Circuit Court, Accra on 2nd December 2013. The Appellant was convicted by the Circuit Court, Accra on charges of conspiracy to commit robbery contrary to sections 23(1) and 149 of the Criminal Offences Act, 1960, (Act 29) and robbery contrary to Section 149 of the same enactment.
The brief facts of the case leading to the charges being levelled against the Appellant are that on 13th February 2011, at about 2:00am, the Appellant hired a taxi cab with Registration Number GS 6212 10 from Kwame Nkrumah Circle to Odorkor and directed the taxi driver to a place behind the main Odorkor Terrazzo Road. Upon the Appellant asking the driver to stop upon reaching a particular house, the Appellant put off the ignition and his accomplices emerged from the back of a kiosk wielding cutlasses and a pistol. They attacked the taxi driver and bolted with his vehicle. A report was lodged at the police station and on 23rd March 2011, the Appellant was arrested in connection with another offence of car snatching. During an identification parade conducted on 28th March 2011, the Appellant was identified by the taxi driver as the one who hired his services and whom he drove to Odorkor on 13th February 2011. The Appellant admitted the offence in his Caution Statement and he led to the arrest of the other accused persons. Upon these facts the Appellant together with three others were arraigned before the Circuit Court, Accra where they were charged with the offences of conspiracy to rob contrary to Sections 23(1) and 149 of the Criminal Offences Act 1960, (Act 29) and robbery contrary to Section 149 of the same enactment. After a full trial the Appellant was convicted of the said offences and sentenced to 20 years and 25 years respectively to run concurrently.
Being aggrieved with the judgment of the High Court dismissing his appeal, the Appellant has appealed to this Court on the following grounds as per his Notice of Appeal filed on 28th August 2017 found on page 118 of the Record of Appeal.
a. His Lordship should have thoroughly considered the repentant state of mind and heart of the appellant and reduced his sentence to the minimum.
b. His Lordship should have given weight to the mitigation of sentence and the fact that the Appellant was a young offender and that was his first brush with the law and given him a minimum sentence and that o