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MENDS-BUAH V. THE REPUBLIC

(1996) JELR 69518 (CA)

Court of Appeal  •  7 Mar 1996  •  Ghana

Coram
WOOD JA, BROBBEY JA, ESSILFIE-BONDZIE JA

Judgement

BROBBEY JA

The second leg of the appeal relates to the sentence of imprisonment imposed on him. He was sentenced to eighteen months’ imprisonment after his conviction. Having regard to the nature of the offence and the circumstances surrounding the conviction for that offence, I am of the opinion that that sentence is rather on the low side.

The Courts Act, 1993 (Act 459), s 30(a)(i) and (b) empowers this court to amend the sentence of the trial tribunal. At the trial, the tribunal in sentencing the appellant stated that: “What the accused is proved to have done is most treacherous and must be fought against in no uncertain terms.” It is significant to observe that there is no appeal against the conviction. I would therefore enhance the prison sentence of eighteen months from the date of his conviction by the trial court.

The appellant having been sentenced to eighteen months’ imprisonment was in addition ordered to refund ¢9 million to the complainant. It was further ordered that he sh…

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