SAMUEL AGOE MILLS ROBERTSON v. THE REPUBLIC

OWUSU (MS) JSC;-

This is an appeal against the Judgment of the Court of Appeal reducing a sentence of 15 years I. H. L imposed on the Appellant to 12 years I. H. L.

The Appellant was charged with five (5) others on two counts of conspiracy to commit crime contrary to section 23 (1) of the criminal offences Act of 1960 and possessing Narcotic Drug without lawful authority contrary to section 2 (1) of the Narcotic Drugs (control, enforcement and sanctions ) Act of 1990.

The Appellant who initially pleaded not guilty to both counts, changed his plea to guilty on count one (1) and guilty with explanation on count two (2).

He was represented by counsel who informed the court that the “guilty with explanation” plea was not to offset a plea of not guilty but only a mitigating plea.

The court accordingly convicted him on his plea and adjourned the case for sentencing of the Appellant after his counsel has put in a plea for mitigation.

When the court came to sentence the Appellant, this is what His Lordship said:

“I have taken the plea of mitigation ably canvassed on behalf of the 1st accused by his counsel, (sic). I have also considered that the 1st accused is a first offender. However, the question of possession of narcotic drugs has assumed a dimension which needed to be eradicated from the society as society disapproves of it. This menace of narcotic drugs has tarnished the good image of the West African sub-region including Ghana and for that the law required a deterrent sentence as required in KWASHIE VRS THE REPUBLIC.

In passing sentence I would also have regard to the fact that the 1st accused has been on remand since the 29th day of June, 2008, the day of his arrest. Consequently, the 1st accused is sentenced to fifteen (15) years imprisonment with hard labour (I. H. L.) on each count of conspiracy and unlawful possession of narcotic drugs. Sentences to run concurrently.”

Dissatisfied with the sentence of fifteen (15) years I. H. L., the Appellant appealed to the Court of Appeal.

On appeal to the Court of Appeal, the Court of Appeal allowed the appeal, reduced the sentence and set aside the sentence of fifteen (15) years I. H. L. In its place the Court of Appeal, substituted a sentence of 12 years I. H. L.

The appeal to the Court of Appeal was based on the following grounds:

“a. in sentencing, the court below did not take the disability of applicant into account in accordance with Article 29 (5) of the 1992 constitution of Ghana.

b. The court