TWENEBOAH KODUA v. THE REPUBLIC
2015
HIGH COURT
GHANA
CORAM
- Her Ladyship Angelina Mensah-Homiah (Mrs.)
Areas of Law
- Criminal Law and Procedure
- Alternative dispute resolution
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Tweneboa Kodua was convicted for fraudulent land transaction, sentenced to 12 months imprisonment and ordered to refund GH¢2,200.00. On appeal, the court acknowledged mitigating factors, including health issues and first-time offense, reducing the sentence to 6 months but upholding the refund order. The court also clarified legal principles regarding the inapplicability of ADR in felonies and the interpretation of discretionary language in statutes.
JUDGMENT
The appellant herein, Tweneboa Kodua, was convicted on 16/06/2015 by the District Court, Agogo on the following charge:
STATEMENT OF OFFENCE
FRAUDULENT TRANSACTION IN LAND: CONTRARY TO SECTION 34(a) of LAND REGISTRY ACT, 1962.
PARTICULARS OF OFFENCE
TWENEBOA KODUA:FARMER AGE: 49 YEARS: For that you, during the month of April 2012 at Agogo in the Asante Akyem Magisterial District and within the jurisdiction of this court, with intent to defraud, did obtain the consent of one Solomon Antwi Bosiako to part with cash the sum of GH¢ 2, 200.00 by means of certain false pretences to wit; by falsely pretending that if the said amount is given to you, you could secure him a plot of land and upon such false representation you succeeded in obtaining the said amount from the said Solomon Antwi Bosiako which statement you knew at the time of making it to be false.
Section 34(a) of the Land Registry Act, 1960 Act 122 reads:
34. Offences for fraudulent transactions
A person who knowingly
(a) purports to make a grant of a piece of land to which that person does not have title commits the offence of a second degree felony and is liable in addition to any other punishment that may be imposed, to pay an amount of money equivalent to twice the value of the aggregate consideration received by that person.
The Appellant had pleaded guilty with explanation but, after listening to his explanation, the Magistrate entered a plea of guilty for him. For no apparent reason, the Magistrate deferred sentence and remanded him in police custody to re-appear on 18/06/2015 for sentence. Although the Appellant pleaded for mitigation, the magistrate proceeded to sentence him to 12 months imprisonment, in addition to refunding the complainant's money.
Aggrieved by the Sentence, the Appellant filed a petition of Appeal on 25/09/2015.
GROUNDS OF APPEAL
That the sentence of 12 months IHL in addition to the court's order that appellant refunds the money collected is excessive and ought to be reduced drastically.
The appellant is a first offender and pleads for drastic reduction in the sentence.
I think "ground 2" can be subsumed under "ground 1" in determining this appeal. This is because ground "2" only goes to mitigation of sentence after ground 1 has been dealt with.
The facts which led to the conviction and sentence of the appellant are simple and straight forward. In April, 2012, the appellant, a resident of Agogo, offered a piece of land for sale to the Complainant