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JOHN BONUAH V. THE REPUBLIC

(2015) JELR 68975 (SC)

Supreme Court  •  CIVIL APPEAL NO. J3/1/2015  •  9 Jul 2015  •  Ghana

Coram
WOOD (MRS.) CJ (PRESIDING), DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, BENIN JSC

Judgement

JUDGEMENT

WOOD (MRS) CJ:-

On the 28th of February, 2002, the Appellant and one Billy who is at large, were tried and convicted by the Sunyani High Court of the offences of conspiracy to commit robbery to ss. 23 and 149, and robbery contrary to s. 149 of Act 29/60 and sentenced to life imprisonment on each count to run concurrently. Appellant unsuccessfully appealed against the sentence, on grounds of its harshness and excessiveness, as he contended, “given the circumstances of the case”. He however lost the appeal on the jurisdictional ground that:

“...appellant committed this offence in 2002. At that time the minimum sentence for robbery with small arms where there was no death was life imprisonment. Even though the law has such been amended with regard to sentencing, we do not have jurisdiction to interfere with the sentence lawfully imposed on the appellant in 2002.”

Dissatisfied, he has with leave, this time around, appealed the conviction on the basis that:

1. “The Court of Appeal mad…

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