ROGER MILLAR 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
Roger Millar was convicted by the Goaso Circuit Court for conspiracy to steal, unlawful entry, and stealing, with a 6-year sentence for each count. He appealed, claiming the sentence was harsh given his first-time offender status and remorse. The High Court agreed, noting the trial court did not adequately consider mitigating factors and reduced the sentence to 2 years for each count, to run concurrently.
This is an appeal against sentence handed down by the Goaso Circuit Court presided by His Honour Charles Kwasi Acheampong dated on 26th January, 2023. The appellant was charged with the offences of conspiracy of stealing contrary to sections 23 (1) and 124 (1) of Act 29 of 1960, unlawful entry contrary to section 152 of Act 29 of 1960 and stealing contrary to section 124 (1) of criminal offences Act, Act 29 of 1960 upon his arraignment he pleaded guilty simpliciter to the said offences charged.
Consequently he was convicted on his own plea and sentence as follows; On offence of conspiracy of stealing – 6 years with hard labour.
On offence of unlawful Entry 6 years with hard labour and on the offence of stealing – 6 years with hard labour sentence to run concurrently.
Now being dissatisfied with the said sentence of 6 years imprisonment with hard labour Accused/Appellant has appealed to this court on the sole ground that; “The sentence was harsh and excessive having regard to the circumstance of the case”. That although Appellant petition which was filed on 15th February, 2023 indicated that additional ground(s) shall be filed upon receipt of the record of proceedings.
However, Appellant did not file any additional ground(s) in this appeal and therefore appellant would be relying on the sole ground of appeal as contained in paragraph 2 (a)of the petition of appeal which I have quoted supra.
It may be prudent to reproduce here below the facts of the case and the sentence entered by the court below, the basis for which this appeal has been initiated it reads; “Complainant Ayaba Richard aged 24 years in this case is a farmer whilst the accused person Roger Millar aged 18 years is Motor fitter both resident of Gyamarakrom and Norbekwaw respectively.
The complainant owns a kiosk in which he sells provisions and also kept his flat screen television set, two pairs of football boots, two Bluetooth prayer, and a school bag for use.
On 14th December, 2022 at about 8: 00pm and 9. 00pm the accused person Roger Millar and Owura @ large with motor went to the complainant’s village at Gyamarakrom about 25 miles away from Norbekwaw and opened padlock to the complainant’s kiosk gate with master key and stole the items made up of flat screen Television set valued at Ghc850, 000. 00 T. V. Decoder valued at Ghc200. 00, 3 pairs of slippers valued at Ghc200. 00, 10 bottles of Agro chemicals valued at Ghc1, 200. 00, 2 phone chargers valued at Ghc60. 00, a school bag valued