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January 15, 2024
HIGH COURT
GHANA
CORAM
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
AI Generated Summary
Justice Harry Acheampong-Opoku of the High Court considered an appeal by an accused who had been convicted in the Techiman Circuit Court presided by Bedzra Malcom Ewoenam for dishonestly receiving under section 146 of the Criminal Offences Act (Act 29). The appellant pleaded guilty with explanation, admitting he stole items to repay a debt, and led police to recover the goods from his home. On appeal, counsel argued the facts did not support the charge and that the sentence of six years’ hard labour was harsh given mitigating factors. The High Court reviewed the record as a re-hearing, canvassed precedents on exceptions permitting appeals from guilty pleas, and held the explanation negated “receiving,” the facts disclosed theft rather than receiving, and thus the trial court erred by failing to enter a not guilty plea or require an amended charge. The Court set aside the conviction and sentence, declined to order a retrial in view of eighteen months served and full restitution, and ordered the appellant’s release from Sunyani Prisons.