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AMEWUGAH NANEVI
V.
THE REPUBLIC

(2024) JELR 114431 (HC)

High Court 19 Feb 2024 Ghana
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- Appellant, aged 27–29, was convicted in the Circuit Court of causing unlawful harm (a second-degree felony) under Section 69 of Act 29/60, following a stabbing incident where the complainant was unintentionally injured during an attempt t

Case Details

Suit Number:SUIT NO. CC/80/2024
Judges:CHARITY A. ASEM (MRS.), J
Counsel:ELORM FUGAR (ASA) FOR THE REPUBLIC MR. ASUMANI REPRESENTATIVE FROM THE PRISON
Location:Ho

JUDGMENT

The appellant is aged between 27–29 years was convicted for the offence of causing unlawful harm contrary to Section 69 of Act 29/60. From the record of appeal appellant gave explanation for his extreme anger and why he decided to stab a person he had confrontation with. The man dodged and complainant was in harm way.

The trial court at his sentence took the view that appellant intended to stab a man so was already armed with knife. He set out to commit crime. The fact that his intended victim was missed but fell on the complainant herein did not change his mens rea. He was sentenced to 12 years IHL.

Appellant now appeals to this Court for remission of Sentence. His grounds of appeal are follows:

(1) He is a first time offender.

(2) That the 12 years sentence is harsh and excessive.

(3) That he has served more than 5 years of the 12 years imposed on him.

(4) That he pleaded guilty simplicita and did not waste the court’s time and state resources.

In the instant case the appellant was…

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