ZAKARIA MUSAH v. THE REPUBLIC
December 21, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE-AGYEI (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
- Evidence Law
December 21, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Zakaria Musah (A2), a 26-year-old scrap dealer from Battor, appealed his 24-month sentence for Dishonestly Receiving under Ghana’s Criminal Offences Act after pleading guilty in the Sogakope Circuit Court before His Honour Isaac Addo. The charge arose when complainant Charles Dorbordoe, a teacher, discovered his Tecno Spark 7 phone missing while charging; witnesses identified Francis Afedo (A1) as the thief, who sold the GH¢1,000 phone to Musah for GH¢300. Musah admitted purchasing the phone, and the police retrieved it; he further stated that Ikenna Ojinnak (A3) unlocked the device. On appeal, counsel argued the sentence was harsh given Musah’s youth, first-offender status, and guilty plea. The Republic responded that the trial judge had considered mitigation and imposed a deterrent sentence. Justice Doreen G. Boakye-Agyei surveyed authorities on sentencing purposes, discretion, and proportionality, and concluded that while deterrence is legitimate, sentences must match the offence’s gravity, especially where the property was recovered. The High Court reduced the sentence to 12 months from the original sentencing date.
JUDGMENT
INTRODUCTION
This an Appeal against the decision of the Circuit Court, Sogakope on the 17th day of
October 2022 before His Honour Isaac Addo Esq. The decision complained about in this
instant appeal appears on pages 6 to 8 of the Record of Appeal (ROA) and the Notice of
Appeal in accordance with Section 326 of the Criminal and Other Offences (Procedure)
Act, 1960 (Act 30) was filed on the 8th day of November 2022. On the 17th day of October
2022, the Trial Circuit Court Judge found the accused person guilty of the offences
contained in the Charge Sheet filed on the 3rd day of October 2022. In this appeal by the
Appellant/Convict from the decision of the Circuit Court, the charge for which Appellant
was convicted giving rise to this appeal reads as follows:
THE CHARGE: DISHONESTLY RECEIVING CONTRARY TO SECTION 147 (1) OF
THE CRIMINAL OFFENCES ACT, ACT 29, 1960.
PARTICULARS OF OFFENCE
ZAKARIA MUSA age 26 (farmer), on 27/09/2022, at Battor- Dordikpoe in the Volta
Circuit and within the jurisdiction of this Court, you dishonestly received one Tecno
Spark 7 mobile phone value GHc 1,000. 00 at GHc 300.00 the property of Charles
Dorbordoe which you know to have been obtained by means of crime to wit stealing.
The facts of the case are as follows:- According to the facts presented by Prosecution,
Complainant, Charles Dorbordoe is a teacher. Al, Francis Afedo @Capo is a farmer, A2,
Zakaria Musah is a scrap dealer and A3, Ikenna Ojinnak is a phone repairer. The
complainant is a resident of Tsito near Ho and a native of Battor. Al, A2 and A3 reside in
Battor and Mepe respectively. On 23/09/2022, the complainant had arrived at his
hometown Battor to attend a meeting over his deceased father. That on 27/09/2022 at
about 17.50 hours, the complainant left his Tecno Spark 7 mobile phone valued
GH¢1,000.00 on charge in his verandah on a table and left for his father's house to attend
the funeral meeting. The complainant returned around 18.40 hours but his said mobile
phone was nowhere to be found. That during that period, witnesses in the case who
spotted Al unplugging the said mobile phone described him and his residence to the
complainant. On 28/09/2022, the complainant with the assistance of other witnesses
handed him over to the Aveyime police and made a formal report. In the course of
investigations, the Police rearrested Al who was cautioned. Al in his cautioned statement
mentioned A2 as his accomplice. That crime scene was vi