PRINCE ADU AMANKWA v. THE REPUBLIC
March 23, 2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A. (PRESIDING)
- MERLEY WOOD, J.A.
- BERNASKO ESSAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
March 23, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
S. R. Bernasko Essah, J.A., writing for the Court of Appeal, dismissed an appeal by a convicted robber incarcerated at Nsawam Prison who sought a further reduction of the 25-year sentence imposed by the appellate High Court on 15 March 2018. The case arose from a robbery of a KIA Pride taxi by Joseph Mensah (A1), the appellant (A2, called Prince), and an accomplice, who turned off the ignition, assaulted the driver, and threw him from the vehicle before fleeing to Asaam; the appellant admitted the offence in his caution statement. The High Court had reduced the original 40-year Circuit Court sentence to 25 years, considering prison conditions and first-offender status as mitigation but noting aggravation. On further appeal, the Court applied sentencing and appellate principles, including proportionality, found the High Court’s approach careful and comprehensive, and determined no additional mitigating basis or substantiated remorse justified further relief. The absence of written submissions did not affect the appeal, and the 25-year sentence was affirmed.
S. R. BERNASKO ESSAH (MRS.), J.A.
This is an appeal for and on behalf of the Appellant a convict at Nsawam Prison, praying this Court to further reduce the sentence of 25 years imposed on him by the appellate High Court on 15th March, 2018.
The Grounds of Appeal are as follows:
1. That the twenty five years is unbearable looking at the years ahead of him and he has really learnt his lessons over the period of time served in prison under the harsh and severe conditions of detention and vowed never to engage himself in any criminal activity in his life again.
2. That he is a first time offender who has deeply regretted his actions and it is out of profound remorse that he further states that as a bread winner, the Court should kindly take into consideration the fact that he has left behind a wife and three children who are now destitute as a result of his incarceration.
3. That due to overcrowded nature of the prisons by reason of which the state over the years has employed measures to decongest the prisons, including the introduction of the justice for all program by the Chief Justice, and more so in the face of COVID-19 pandemic.
He prays this Court to reduce the sentence to the barest minimum.
The brief background to this appeal is that on the 7th of June 2009, the Mampong Ashanti Divisional Police Command received information that a brown and yellow KIA Pride taxi cab with Registration Number AW 3686 Z was hidden in a bush at Asaam near Mampong Ashanti.
They found the vehicle with the back tyre deflated. Joseph Mensah alias Joe, A1, told the police that he is the caretaker of the vehicle and that it was brought to him by a friend named Prince, A2, and one other person whose name he could not give. He said they were travelling from Kumasi to Enyinase and the vehicle developed a fault and as a result they could no longer proceed with the journey. They therefore left the vehicle in his care and left to find a mechanic to come and sort out the problem.
A1 when asked to produce the ignition key as well as all the documents covering the car could not produce them. On the 12th of June 2009 he led the police to the hideout of Appellant, A2, at Abenase near Ejisu, where he was arrested. Appellant was also unable to produce the vehicle documents when asked to produce same. He however confessed to the police that he was not the rightful owner of the vehicle and that he together with A1 and one other person, called Lalas, who was at large, planned togeth