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April 28, 2023
HIGH COURT
GHANA
CORAM
The appellant, Afo Larry who was the 2nd accused in the court bellow, appeals against the
conviction and sentence imposed on him on 20th day of July 2022 by the Circuit Court,
Hohoe presided over by His honour Johnson Abbey for the offence of Dishonestly
Receiving contrary to Section 146 of the Criminal Offences Act, 1960, Act 29.
The trial Judge imposed a sentence of 10 years imprisonment on appellant, having
convicted appellant upon a plea of guilty of dishonestly receiving.
I have read the submissions of Counsel for both the Appellant and Respondent, and I will
allow the appeal against conviction and sentence and order a retrial of the appellant.
These are the reasons for coming to that conclusion.
The appellant was charged with the following offence:
“Dishonestly receiving property contrary to section 146 of the criminal Offences Act
1960,( Act 29).
The facts as narrated at the trial court are that, on 12th July, 2022, Police had information
that the newly built bungalow for residence of the High Court Judge at Hohoe was
broken into by thieves and they made away with some items. Based on the information
received, Police proceeded to the place and saw the door to the room broken into and the
following items stolen: 50 inches Nasco TV, a double door Nasco fridge, one queen size
mattress, two double bed mattress, 2.0Hp air-condition, sink basin, sanitary ware,
microwave and cables for wiring in the house. Police intelligence led to the arrest of 1st
accused person Charles Tumenyo at his hideout at Hohoe Gboxome and he admitted that
he and 3rd Desmond, now on the run went to the residence and stole the above-
mentioned items. He and 3rd accused after the theft went and sold the items to 2nd
accused, Afo Larry, the Appellant herein at Hohoe Zongo. The 1st accused person led
Police to the house of the Appellant at Hohoe Zongo and he was also arrested, and the
items sold to him by 1st accused retrieved from the room of the Appellant. The 1st accused
and the Appellant admitted the offences in their investigation cautioned statements.
After investigations they were charged with the offences and arraigned before the Circuit
Court, Hohoe.
When the plea of the accused persons were taken, both 1st accused and appellant pealed
guilty. Upon their explanation the court entered a plea of guilty for both 1st accused and
appellant and proceeded and convicted appellant on a plea of guilty and sentenced him
to 10 years imprisonment.
It is up
AI Generated Summary
Justice Ayitey Armah-Tetteh of the High Court allowed the appeal of Afo Larry, the second accused before the Hohoe Circuit Court, who had been convicted and sentenced to ten years’ imprisonment for dishonestly receiving under section 146 of the Criminal Offences Act (Act 29) after pleading guilty with explanation. The appellant’s explanation stated he did not know the items were stolen, he questioned their origin, and that the sellers claimed they had used school fees and needed money for a medical issue; he asked for leniency, saying, “I made a mistake.” Applying section 199(4) of the Criminal Procedure Code (Act 30) and authorities including Republic v Bright, Mensah v Republic, Bediako v Republic, and Regina v Djomoh, the Court held the explanation raised a defence inconsistent with a guilty plea. It set aside the conviction and sentence as null and void and ordered a retrial under section 30(a)(i) of the Courts Act (Act 459), emphasizing the prosecution’s burden to prove knowledge beyond reasonable doubt.