RICHMOND TAKYI KWAKYE VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG-OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case is an appeal against a 10-year sentence for stealing, imposed by the Techiman Circuit Court on the appellant, who conducted fraudulent activities at various banks. The appellant's counsel argued the sentence was excessive given mitigating factors and the improper proof of prior convictions. The prosecution countered that the severity of the crime justified the sentence. The appellate court, acknowledging errors in the trial court's considerations, reduced the sentence to 8 years.
This appeal is against the sentence by the Techiman Circuit Court of the convict/Appellant pursuant to leave granted by this Honourable court on 29th August, 2023 by this Honourable court.
The Appellant was charged with the offence of stealing contrary to section 124 (1) of the criminal offences Art, Act 29 of 1960. Upon his arraignment before the Circuit Court, Techiman then presided by His Honour Alexander Graham (as he then was) Appellant pleaded not guilty to the said offence of stealing.
That after trial appellant was found guilty and was accordingly convicted and sentence to a prison term of 10 years with hard labour by the said Techiman Circuit Court on 20th day of November, 2020. It is against the sentence that the appellant has with the leave of the Honourable Court granted on 29th August, 2023 has launched the instant appeal.
Ground(s) of Appeal(a) That the sentence was harsh and excessive having regard to the circumstance of the case Facts of the case Complainant is a trader and resident of Solballa a subburd of Tumu.
Accused is also a farmer and resident of Ampoma near Jema.
Accused has opened several bank accounts with several banks using different names that he does is that, he always dressed nicely and pose as a bank staff and move from bank in various towns such as Techiman, Wenchi, Nkoranza and Kintampo whilest inside the banking hall and see any illiterate coming to deposit he pretends to offer assistance as a bank staff.
By so doing he will write his account name and number on the pay-in-slip for the illiterate to go and deposit the money with the bank instead of writing the actual details of the person who is supposed to receive the money.
As soon as the money hits the account of the accused, he will rush to a different branch to withdraw the money from his account.
On 1st June, 2027 at about 4: 00pm, the complainant went to GCB market branch to deposit cash sum of Ghc5, 940. 00 into the bank account of Dinie Kubura 0021010041680 to buy goods and send to her in Techiman to sell.
The complainant who is illiterate got to the bank and met the accused person, when the accused realized that the complainant could not fill the pay-in-slip properly, he approached her and as a bank staff who was going to help her fill it correctly.
The complainant gave the account details of Kubura who is supposed to receive the money to the accused person on a piece of paper.
The Accused instead of writing Dine Kubura’s Account Number 0021010041680 d