TWUM AMPOFO v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A. (PRESIDING)
- SOWAH, J.A.
- MENSAH, J.A
Areas of Law
- Criminal Law and Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, convicted of robbery and sentenced to 20 years, appealed for a reduction of his sentence on grounds of harshness. He cited his remorse, first-time offender status, good prison conduct, and participation in rehabilitation. The court reviewed the case and determined that the trial court's sentence was appropriate given the facts and the need to deter armed robbery. The appeal was dismissed, maintaining the original sentence.
SOWAH, J.A:
This appeal is against the sentence of twenty [20] years IHL imposed on the appellant by the Koforidua High Court on 19th July 2005 after a full trial. The appellant was charged along with two others on two counts with conspiracy to commit robbery and robbery contrary to sections 23 and 149 respectively of Act 29 of 1960.
Pursuant to leave granted by this court to file an appeal out of time, the appellant filed his petition of appeal against sentence on 5th August 2015 praying for reduction of sentence to the minimum on the ground that the sentence imposed on him is harsh considering the circumstances surrounding the case.
He has also filed the following additional grounds:
1. The appellant regrets his action and it is out of deep remorse that he is praying for reduction of sentence.
2. The appellant is a first time offender whose life has undergone a significant positive transformation over the ten years he has served in custody since his arrest as evidenced by the following:
a. The authorities of the Nsawam Prison have taken notice of his good conduct and elevated him to the status of a ‘STAR CLASS’ Prisoner since 2009.
b. In addition, your humble appellant has been made a Block Leader, controlling over 500 inmates.
3. Your humble appellant took advantage of the rehabilitation programme of the Prisons by enrolling in the Reformers’ ICT School and is now Computer Literate and he is now ready to be re-integrated into Society, having turned away from crime and is capable of pursuing a career to support himself.
The appellants’ contention is that the sentence imposed on him is harsh considering the circumstances surrounding the case. However, it is not clear what circumstances is being alluded to as the appellant has failed to specify the circumstances that ought to have weighed in his favour when sentence was passed. Because the appellant is self-represented, it is appropriate to sift through the record to determine if there were circumstances that warranted the imposition of a lesser term of imprisonment
The brief facts of the case were that the appellant who was the 1st accused [A1] at the trial court hatched a plan with his two co-accused and four others at large to rob the first complainant. The complainants were intercepted at the gate of their home by six men and amidst gun shots and assault, the accused persons succeeded in robbing them of various items including a pump action gun. The complainants told the police that th