The Appellant herein were arraigned before the Amasaman Circuit Court on the 9th of December 2021 wherein he was charged with the offence of robbery contrary to Section 149 of the Criminal Offences Act 1960 Act 29. The appellant pleaded guilty to the charge after same was read and explained him in the Ga language.
He was convicted on his guilty plea and sentenced to fifteen (15) years imprisonment in hard labour.
It is against this sentence that the appellants filed the instant appeal on the 7th of November 2023 pursuant to leave of court granted on the 3rd of November 2023. The sole ground of appeal filed is that the sentence is harsh and sought the court for a reduction of sentence.
FACTS OF THE CASE The case as presented before the court was that the complainant Grace Ponmak is a beautician and resides at Tabora while the accused person, Richard Hogarh is unemployed and lives at Kotobabi.
The case of the prosecution was that on the 30th day of November 2021, at about 2: 00am, accused person met the complainant and proposed that they have sexual intercourse which the complainant agreed to go to accused person's house at kotobabi.
Upon reaching the gate of the house, accused person pulled a knife on the complainant and threatened her to surrender her mobile phone and money else he would stab her.
The accused person succeeded in robbing the complainant of her infinix note 10 valued at GH¢1, 200. 00, Itel mobile phone valued GH¢70. 00 and cash the sum of GH¢50. 00 and her personal belongings and bolted.
The prosecution added that on the 4th December 2021, the complainant identified the accused person/appellant at Lapaz at the same spot after he tried to engage another woman for a similar attack.
Accused person was arrested immediately and brought to Tesano police station where a case was lodged.
During investigation, the accused person admitted the offence in his caution statement.
A search conducted in the room of the accused person led to the discovery of four mobile phones including complainant's two mobile phones.
After investigation, the accused person was charged with the offence and arraigned before this court.
RESOLUTION OF THE APPEAL Section 149 of Act 29 provides the law on robbery and it provides that: (a) “A person who commits robbery commits a first degree felony. ”Robbery is a first degree felony and the punishment is prescribed in the Criminal(Amendment) Act, 2003 (Act 646). The minimum sentence for the offence is dependent on whe
