Ratio DecidendiRatio Decidendi



ABU MOHAMMED
V.
THE REPUBLIC

(2018) JELR 63851 (CA)    
Court of Appeal  ·  SUIT NO: H2/16/17 ·  19 Apr 2018 ·  Ghana
CORAM
M. OWUSU (J.A.) – PRESIDING, AYEBI (J.A.), SOWAH (J.A.)

Ratio Decidendi

Core Terms Beta
appellant
sentence
counsel
trial judge
complainant
lawful custody
supreme court
offence of robbery
filling station
high court
sentences
years imprisonment
age of the appellant
appellate court
constitution of ghana
decision of the court
fact of compliance
fuel attendants
hard labour
minimum sentence
mobile phones
serious offence
young person
better method
case of apaloo v
case of bosso v.
cases of bosso v.
category of the appellant
circumstances of the case
circumstances of this case
clear constitutional provision
given case
grounds of appeal
instant case
investigation caution statement of the appellant
maximum sentence
minimum punishment
nearby residents
notice of appeal
particular case
particulars of offence states
preamble of the juvenile justice act
respect of an offence
safe distance
said period
samuel ntim boateng
years of age
young offenders

JUDGMENT

MARIAMA OWUSU, J.A.

On 18-7-2014, the High Court, Accra, found the appellant guilty on the charges of conspiracy to commit crime namely, robbery and robbery. He was convicted on both charges and was sentenced to twenty-five years on each count to run concurrently.

Dissatisfied with the decision of the court on the sentences meted out to him, the appellant filed Notice of Appeal pursuant to leave granted him by this court on 13-6-2017.

The Grounds of Appeal are:

1. The Sentence is excessive.
2. Additional grounds may be filed upon receipt of the proceedings.

At this stage, let me put it on record that the appellant did not file additional ground(s) of appeal. Counsel for the Republic also did not file any process in this appeal.

In arguing the appeal, counsel for the appellant referred to Exhibit A, the investigation caution statement of the appellant and stated that, the latter was twenty years of age at the time of his arrest. Counsel again referred to the preamble of the Juvenile J…

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