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FIIFI KOFI ADU V. THE REPUBLIC

(2015) JELR 63662 (CA)

Court of Appeal  •  SUIT NO: H2/4/2014  •  29 Jan 2015  •  Ghana

Coram
OWUSU M. (PRESIDING), ADUAMA OSEI J.A., DORDZIE J.A.

Judgement

JUDGMENT

MARIAMA OWUSU, J.A:

On 18-10-2013, the High Court, Accra dismissed the appellant’s appeal against both conviction and sentence as being without merit. The Court held among other things that:

“From all the above, I am unable to fault the learned trial judge for preferring the prosecution’s story to that of the defence. It is in the light of this that I uphold the conviction of the appellant.

Now can the sentence inflicted on the appellant be said to be harsh? By Section 149 of Act 29 as amended by Act 646, of 2003 the minimum sentence for the offence of robbery when offensive weapons are used is 15 years imprisonment with hard labour. I do admit that the appellant was not charged with robbery. He was charged with conspiracy to rob and abetment of robbery. However, by the provisions in section 20 (3) and 24 of Act 29, he shall be punished as a person who has actually committed robbery. In this view, the minimum sentence that could be inflicted on the appellant by the trial court wa…

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