THE REPUBLIC VS BENJAMIN TEYE @ BEN
2024
COURT OF APPEAL
GHANA
CORAM
- JUSTICE ANTHONY OPPONG J. A. (PRESIDING)
- JUSTICE JENNIFER A. DODOO (MRS) J. A.
- JUSTICE SOPHIA BERNASKO ESSAH J. A.
Areas of Law
- Criminal Law and Procedure
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, a farmer, caused the death of his wife by inflicting knife wounds on her, initially charged with murder, he pleaded guilty to manslaughter and was sentenced to 45 years imprisonment. He appealed the sentence arguing it was excessive for a first-time offender who pleaded guilty, saving the court's time. The appellate court evaluated the principles of sentencing and mitigating factors and reduced the sentence to 30 years.
DODOO, JA (MRS)
Introduction:
“Where an Appellant complains about the harshness of a sentence (as in the instant case), he ought to appreciate that every sentence is supposed to serve a five-fold purpose, namely, to be punitive, calculated to deter others, to reform the offender, to appease the society and to be a safeguard to this country”
Per Justice Julius Ansah (JSC) in Kamil v. The Republic (2011) 1 SCGLR 300 @ pp. 315-316
The Appellant was committed to stand trial before the trial High Court at Sekondi charged with the offence of Murder contrary to Section 46 of the Criminal and Other Offences Act, 1960 (Act 29). The Particulars of Offence were as follows:
Benjamin Teye @ Ben, farmer/akpeteshie distiller, for that you, on or about the 5th day of March, 2012 at Sefwi Adewu in the Western Region, did intentionally cause the death of one Comfort Anofuah, by unlawful harm.
It was the Prosecution’s case that the Appellant had inflicted knife wounds on his wife when they were both in the farm and while being rushed to the hospital, she succumbed to her injuries and died.
Before the trial could commence, the Appellant decided to plead to guilty to the lesser charge of Manslaughter under sections 50 and 51 of Act 29 citing Section 239 (2) of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
Based on this change in plea, the Trial Court convicted the Appellant on his own plea of guilty to manslaughter and proceeded to impose a term of 45 years imprisonment taking into consideration the period he had remained in custody.
It is against this sentence of 45 years that this Appeal has been brought.
Grounds of Appeal
That the sentence of 45 years IHL is excessive having regard to the fact that the Appellant is a first-time offender and that the Appellant pleaded guilty to the offence thereby saving the Court and jury time from embarking on lengthy trial.
Reliefs Sought
The sentence of 45 years imprisonment with hard labour be reduced drastically for the Appellant.
The Appellant’s Arguments
While arguing that an appeal is by way of rehearing, the Appellant urged the Court to analyse the evidence and to exercise its discretion in his favour by reducing the sentence meted out to him. He referred to Section 30 (a)(ii) of the Courts Act, 1994 (Act 459) which provided as follows:
Subject to the provisions of this Sub-Part, an appellate court may in a criminal case—
(a) on an appeal from a conviction or acquittal—
(ii) alter the finding, m