ROGER MILLAR VS. THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG-OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
AI Generated Summary
This appeal, decided by Justice Harry Acheampong-Opoku in the High Court, challenges sentences imposed by the Goaso Circuit Court on Roger Millar, an 18-year-old motor fitter who pleaded guilty to conspiracy to steal, unlawful entry, and stealing. Millar and an accomplice entered the kiosk of farmer Ayaba Richard in Gyamarakrom with a master key and stole various items; police recovered a TV and slippers from Millar’s house, and Millar confessed. The Circuit Court imposed six years’ imprisonment with hard labour on each count, to run concurrently. On appeal, Millar argued the sentence was harsh and excessive; counsel stressed his youth, first-offender status, guilty plea, and remorse. The Assistant State Attorney agreed that the six-year concurrent term was harsh. The High Court affirmed the offences’ classification and statutory limits but held that the trial judge failed to give proper weight to mitigating factors and improperly adopted deterrence. The court allowed the appeal and substituted two years’ imprisonment on each count, running concurrently from the date of conviction.