GH - PRINCE BOAKYE VS THE REPUBLIC

This is an appeal against the conviction and sentence imposed on the Appellant herein by the circuit court, Anyinam, in the Eastern region.

The circuit court, Anyinam, on the 16th August 2023 convicted the appellant on his own plea of guilty on three counts namely; 1. Careless and inconsiderate driving contrary to section 3 of the Road Traffic Act 2004 (Act 683) as amended by Road Traffic Act 2008 (Act 761). 2. Negligently causing harm contrary to section 72 of the Criminal Offences Act 1960 (Act 29). 3. Driving motor vehicle without license contrary to section 53(1) of the Road Traffic Act 2004 (Act 683) amended by Road Traffic Act 2008 (Act 761). For these three counts, the appellant was convicted and sentenced to 36 months IHL each in respect of counts 1 and 2 to run concurrently and on count 3, he was fined 25 penalty unit or in default, 6 months IHL which appellant has since paid the fine.

The count three is therefore not in issue.

The appellant has instituted this instant petition of appeal against his sentence.

The particulars of the offences are that the On the 27th day of February, 2023 about 7: 00pm at Pano on the Kibi-Bunso junction motor road in the Eastern Circuit and within the jurisdiction of this court, while driving Toyota Vitz taxi cab with registration number GR 3956-19, did drive the said vehicle without due care and attention to other road users.

That on the 27th day of February 2023 about 7: 00pm at Pano on the Kibi-Bunso junction motor road in the Eastern Circuit and within the jurisdiction of this court, whiles driving Toyota Vitz taxi cab with registration number GR 3956-19, did Negligently and Unlawfully cause harm to one Abass Mohammed aged 32 years now deceased.

That on the 27th day of February 2023 about 7: 00pm, at Pano on the Kibi-Bunso junction road in the Eastern Circuit and within the jurisdiction of this court, while driving Toyota Vitz taxi cab with registration number GR 3956-19, did drive the said vehicle when you had no driving licence.

The brief facts of the case as presented by prosecution are that on 27/02/2023 about 1900 hours, accused driver, Prince Boakye aged 37 years was driving a Toyota vitz taxi cab with registration number GR 3956-19 with one person onboard from Kibi township towards Pano, a suburb of Kibi.

On reaching a section of the road at Pano while descending a slope, without due care and attention, he crashed into the rear portion of a leading unregistered Apsonic tricycle ridden by Abass Moh

This is an appeal against the conviction and sentence imposed on the Appellant herein by the circuit court, Anyinam, in the Eastern region.

The count three is therefore not in issue.

The appellant has instituted this instant petition of appeal against his sentence.

On reaching a section of the road at Pano while descending a slope, without due care and attention, he crashed into the rear portion of a leading unregistered Apsonic tricycle ridden by Abass Moh

PRINCE BOAKYE VS THE REPUBLIC

Areas of Law

JUDGMENT