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April 3, 2023
HIGH COURT
GHANA
CORAM
The appellant herein was on 22 November 2018 convicted and sentenced to a
cumulative 17-years imprisonment by the Circuit Court, Kpando presided over by
His Honour Nana Brew on two criminal counts of stealing and possessing stolen
property contrary to the Criminal Offences Act, 1960 (Act 29) s.124(1), and s. 148.
On 14 February 2023, the appellant filed this appeal upon leave the court granted
on 13 February 2023 under the Criminal & Offences (Procedure) Act, 1960 (Act 30)
s. 326. The appeal is against the cumulative sentence of 17 years IHL the trial circuit
court imposed on the appellant. The appeal, therefore, is not against his conviction
of the offences, but rather against the sentences of 9 years and 8 years, including
the order of the trial court for the sentences to run, “conservatively” 17 years,
which I understand to be rather ‘consecutively’.
The grounds of the appeal, per the notice filed, simply, is for mitigation of the 17-
year sentence on grounds that the appellant is:
1 … a first-time offender
2 The sentence should have run concurrent instead of consecutive
since all the counts emanated from one grand design
3 That all the stolen item[s] were retrieved and handed over to the
[victim] complainant
4 That the 17-year sentence is excessively harsh with regard to the
value of the stolen items
Having not appealed against his conviction, the appellant does not strictly appear
to be contesting the charge and the facts, including evidence that was adduced
before the trial court leading to his conviction. My duty, therefore, is to look at the
legitimacy and soundness of the sentences on each count of the two counts as well
as the cumulative 17-year sentence that the learned trial judge imposed on the
appellant upon his conviction. I need to state here that both at the trial court and
in this appeal, the appellant was unrepresented by a lawyer. The prosecution
failed to file any written address as their case in the appeal.1
The charge of stealing is a second-degree felony, which upon conviction carries a
maximum 25 years sentence, whilst the offence of possessing stolen property,
invariably is equivalent to the offence of dishonestly receiving that carries a similar
sentence upon conviction in the absence of evidence to the contrary. See Act 29, s.
148. Indeed, the sentence on conviction of the offence of dishonestly receiving as
defined by sections 146 and 147 of Act 29 carries the punishment as conviction of
1
AI Generated Summary
Justice George Buadi of the High Court allowed an appeal challenging a 17-year cumulative sentence imposed by the Circuit Court, Kpando, for stealing and possessing stolen property. The trial judge had imposed nine and eight-year terms and directed them to run "conservatively"—effectively consecutively—without articulating sentencing principles or considering the Ghana Sentencing Guidelines Manual. The items’ value was unknown; the appellant asserted he was a first-time offender and that all items were recovered and returned to the complainant, claims not contested by the State. Observing that both counts arose from a single criminal transaction against the same victim, the High Court applied Act 30, section 302(a), and authorities like Tetteh Asamadey and Banda, holding consecutive terms improper and potentially crushing. The court set aside the sentences, substituted two years on each count to run concurrently, and ordered immediate release, finding the original approach harsh and a miscarriage of justice.