THE REPUBLIC vs ALHASSAN AWUDU & ANOR

This appeal, filed on 10 December 2024, challenges a District Court judgment dated 27 November 2024 from Nkawkaw. Alhassan Awudu and Isaac Opoku, employees of Akroma Gold Company Limited at Esaase, were charged with conspiracy and stealing after a company security officer detected a concealed piece of ore in Awudu’s excreta bucket and obtained immediate admissions implicating Opoku; police later recorded cautioned statements and charged them. In the District Court, both pleaded guilty in open court and were convicted and sentenced to two years’ imprisonment each, concurrent. On appeal, Justice Cynthia Martinson identified two issues: whether the judgment was supported by the record and whether emotion influenced it, and whether the sentence was harsh and excessive. The High Court held there was no substantial miscarriage of justice, rejecting arguments of police coercion and procedural defects surrounding the plea, and affirmed the convictions. However, noting the magistrate’s failure to consider mitigating and aggravating factors and applying established sentencing principles and statutory limits, the court set aside the two-year sentence and substituted a six-month concurrent sentence, allowing the appeal in part.