REGINA v. SISALA AND ANOTHER
1960
COURT OF APPEAL
CORAM
- KORSAH C.J.
- VAN LARE J.A.
- GRANVILLE SHARP J.A
Areas of Law
- Criminal Law and Procedure
1960
COURT OF APPEAL
CORAM
AI Generated Summary
Armah's sentence was reviewed on appeal as it was more severe than that of his co-accused Kojo Sisala, despite being convicted of a lesser offense. The court found no evidence supporting the harsher sentence and consequently reduced Armah's sentence to 3 years I.H.L., starting from the date of his arrest on December 16, 1958.
Korsah, C.J., delivered the judgment of the court:
With reference to the appeal of Armah against sentence, we are unable to understand why he was given a more severe sentence than Kojo Sisala, who was convicted of both burglary and stealing, while Armah was found not guilty of stealing, and guilty only of receiving. It follows that his defence that he was not concerned with the housebreaking and stealing was accepted and that he was being punished only for receiving.
[p.4]
Further, we find no evidence on record to support the view expressed by the learned judge that Armah appeared to be the only accused person who profited from the night's operation.
In the circumstances, the more severe sentence passed on Armah was in our view wrong in principle. We therefore substitute a sentence of 3 years I.H.L. for the sentence passed on Armah, and it is directed that that sentence should commence from December 16, 1958 [date of arrest].
We make no reduction of sentence in respect of the first appellant (Kojo Sisala), who was an escort police constable convicted of house-breaking and stealing.
DECISION
Sentence of second appellant reduced.