RICHMOND TAKYI KWAKYE VS THE REPUBLIC

The High Court, presided by Justice Harry Acheampong-Opoku, reviewed an appeal against a sentence imposed by the Techiman Circuit Court, which had convicted an accused of stealing under section 124(1) of Act 29 and imposed ten years’ imprisonment with hard labour. The accused had posed as a bank staff in GCB Bank branches, misdirecting deposits meant for Dinie Kubura into his own account (registered under the name Kwaben Amoasi) and promptly withdrawing the funds. After recognition by a GCB operations manager and arrest in Techiman market, the accused was tried and sentenced. On appeal, the court reaffirmed sentencing discretion within statutory bounds (up to 25 years under Act 30 s.296(5)) but held that the trial judge wrongly enhanced the sentence based on an unproven prior conviction contrary to section 117 and failed to consider mitigating factors. Applying established sentencing purposes and factors (Kwashie; Kamil) and the appellate standard from Robertson, the court reduced the sentence to eight years from the date of conviction.