THOMAS KONTOH VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted of conspiracy to commit robbery and attempt to commit robbery. He was sentenced to 30 and 35 years consecutively. He appealed on the grounds that the sentence was harsh. The court reviewed mitigating factors like the appellant's minor role in the crime and his youthfulness, reducing the sentences to 25 years each to be served concurrently.
The Appellant herein who was the second accused, one Patrick Yankah A1, Kwame Ogura A3 and one Awudu at large were arraigned before the Agona Swredu Circuit Court on the 3rd day of December 2014 and charged with the following offences: COUNT ONE A1, A2 appellant herein and A3 were charged with the offence of conspiracy to commit crime to wit robbery contrary to Sections 23 and 149 of Criminal Offences Act 1960/Act 29. COUNT TWO A3 was charged with the offence of abetment of crime to wit robbery contrary to Sections 20 and 149 of the Criminal Offences Act 1960/Act 29. COUNT THREE A1 was charged with assault contrary to Section 85 of the Criminal Offences Act 1960 Act 29. COUNT FOUR A1, A2 the appellant herein and Awudu at large were charged with attempt to commit crime to wit robbery contrary to Sections 18 and 149 of the Criminal Offences Act, 1960/Act 29. COUNT FIVE A1 was charged with causing unlawful harm contrary to section 69 of the Criminal Offences Act 1960/Act 29. The appellant pleaded not guilty to the charges on the 3rd of December 2014. After a full trial, the appellant was convicted and sentenced to thirty (30) years IHL on count one that is the offence of conspiracy to commit robbery and thirty five (35) years IHL on count two the offence of attempt to commit the offence of robbery.
It is against this sentence that the appellant filed the instant appeal on the 12th of February 2024. GROUNDS OF APPEAL The grounds of appeal are that: 1. That the sentence imposed on the Appellant is harsh having regard to the circumstances surrounding the case hence his plea for reduction of sentence.
2. That the appellant is remorseful and promise never to indulge in any criminal activities in future.
3. That the appellant prays that the court tempers justice with mercy by reducing the sentence of thirty five (35) years IHL to the minimum.
FACTS OF THE CASE The case of the prosecution is that the victim Kojo Owubah is a native of Agona Nyakrom.
The fist Accused (A1) and second accused (A2) became friends while serving their prison terms at the James Forte prisons.
A2 is a permanent resident of Agona Nyakrom.
On 22/11/14, Al and A2 together with one Awudu who is at large met at Agona Nyakrom and planned to rob one Georgina Foriwaa, the wife of the victim with weapons.
They then invited the third Accused (A3) who is the master of A2 to help them draw the plan and lead them to the said Georgina Foriwaa's house for the robbery.
On 23/11/14 at about 1. 45a