STEPHEN YAW ASIEDU DEBRAH & ORS VS THE REPUBLIC

This judgment is delivered based on a Petition of Appeal filed on 8th November, 2023 on behalf of the Appellant, Cephas Ofoe Sechie who was the 2nd Accused person at the trial Court.

The petition was filed pursuant to leave granted on the 5th May 2023 to file appeal out of time.

THE OFFENCES CHARGED AND SENTENCES The Appellant and three (3) others were charged with the following offences: 1. Two (2) counts of conspiracy to commit crime, namely Stealing contrary to Sections 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29)2. Two (2) counts of stealing contrary to Section 124 (1) of the Criminal Offences Act, 1960 (Act 29)3. Two (2) counts of Conspiracy to commit crime, namely Forgery of Official documents contrary to Section 23 (1) and 158 of Act 29 and 4. Two (2) counts of Forgery of Official documents contrary to Section 158 of Act 29 Attached to the Petition of Appeal is the judgment of the trial Circuit Court as required under Section 326 of the Criminal and Other Offences Act, 1960 (Act 30). The judgment indicates that the Appellant and his co-accused all pleaded not guilty to all the charges and went through a full trial.

The Appellant, then 2nd Accused person was convicted on four (4) counts whilst the 1st Accused person, an Ex-Policeman was convicted on six (6) counts.

The 3rd Accused person was acquitted and discharged.

It is however not clear from the judgment what happened to the 4th Accused person.

The Appellant received a six (6) year concurrent term of imprisonment.

The trial Court was presided over by Her Honour Priscilla Dapaah Mireku (as she then was). THE PETITION OF APPEAL One (1) ground of Appeal stated was that: The sentence was harsh The Appellant therefore sought for the following relief: A reduction in sentence THE FACTS OF THE CASE The facts as gleaned from the judgment of the trial Court as attached to the petition are that: The Appellant, then the 2nd Accused person met with three (3) other co-accused at Alajo in Accra and planned to steal vehicles and sell them.

According to the said plan, the 1st Accused person was to rent the vehicles whilst the Appellant find unsuspecting buyers to buy the said vehicles.

From the testimony of PW3 as in the judgment of the Court, he was called on phone by the 3rd Accused person who he knew, that he and his friends needed a loan to clear their goods from the port and that they have a vehicle to be used as collateral security for the purpose.

He told the Court that the Accu