YAW PRINCE VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG- OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted and sentenced by the Techiman Circuit Court for dishonestly receiving stolen goods. He appealed against the conviction and sentence, arguing that the facts did not support the charge, and the sentence was excessive. The appellate court scrutinized the evidence and found that the trial court had erred in accepting the guilty plea without proper consideration of the appellant's explanation, which effectively amounted to a defense. The court set aside the conviction and sentence, and ordered the release of the appellant.
This is an appeal against conviction and sentence by the Techiman Circuit Court presided by his Honour Bedzra Malcom Ewoenam of the accused/Appellant herein.
Simply referred to as appellant.
The appellant was charged with the offence of dishonestly receiving contrary to section 146 of the criminal offences Act of Ghana.
Act 29 of 1960. Upon his arraignment before the trial court, he pleaded guilty with explanation however the trial judge did not find the said explanation amounting to defence and therefore convicted the appellant on his own guilty plea and sentenced him to 6 (six) years, imprisonment with hard labour.
It is against this conviction and sentence that the appellant with the leave of this Honourable court launched this instant appeal.
GROUNDS OF APPEAL(a) The conviction is wrong in law as the facts do not support the charge.
b) The sentence of 6 years with hard labour was harsh and excessive.
FACT OF THE CASE It was alleged that during the night of 27th July, 2022 an unidentified thief or thieves broke into the shop of the complainant one Faustina Gyamea at Techiman through the ceiling and stole ten 5kg bags of rice , ten 5 litters of cooking oil, one packs of 50 grams, 200 grams and 800 grams of milo, 12 bars of key soups energy drinks, assorted drinks, two pack of sardines, a pack of close-up tooth paste, packs of powdered soap, assorted soap, detergents, cosmetic products, four bottles of shito pepper, packs of insecticide spray, quantities of Geisha soap, packs of Nido powder, packs of peak milk, Tuna flakes, choco milo powder and tomato paste in 2. 2 kg and 400 gram all valued at Ghc1, 719. 00. Investigations led to the arrest of the accused person at Kenten.
He admitted to the offence in his investigation cautioned statement.
He led the police to his house and gave out the stolen items which were concealed in a sack.
After investigations accused was charged and arraigned before the Honourable Court.
The accused pleaded guilty with explanation, however, the explanation was not accepted by the trial Circuit Court and therefore accused was convicted on his own guilty plea and sentence to 6 years imprisonment with hard labour.
ARGUMENTS OF THE COUNSEL FOR THE APPELLANT The learned counsel for the appellant in his written submission filed on 31st October, 2023 argues ground (a) of the appeal first as follows; Although the appellant pleaded guilty with explanation, however his explanation clearly shows, that he did not commit the sa