KOFI ADOMAKO @ ASCONA
V.
THE REPUBLIC

(2014) JELR 65554 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO: H2/30/14 ·  31 Jul 2014 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), IRENE C. LARBI (MRS.) J.A., TANKO I. O. AMADU J.A.
Core Terms Beta
appellant
sentence
complainant
trial judge
years ihl
facts
first accused
commission of the crime
attorney
accused persons
commission of the offence
minimum sentence
trial
age of the appellant
criminal offence
common purpose
first time offender
statutory minimum
appellant abandoned ground
appellant’s complaint
architect of the offence
arrest of the appellant
attorney show
attorney’s view
case
case of dabla vrs republic
counts of conspiracy
custodial sentence
dabla vrs republic case
facts of the case
following grounds
general rule
good character
grounds of appeal
high court
kitchen knife
kwaku frimpong
long prison sentences
major role
minor role
previous concert
prison term
sentence of the appellant
sharp vrs wakefield
small bag
special circumstances
special circumstances of the appellant
supreme court
whole submission of counsel
wide discretion

JUDGMENT

AYEBI J.A.

1. The appellant and two others were arraigned before the High Court, Kumasi on two counts of conspiracy to commit robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and robbery contrary to section 149 of Act 29/60 as amended by Act 646.

2. At the trial, the first accused and appellant as the second accused were present. They pleaded guilty simpliciter to the counts. The two were convicted on their own plea. They were each sentenced to twenty-one (21) years IHL on each count, both to run concurrently.

3. Aggrieved by the sentence, appellant petitioned this court to review it on the following grounds:

(a) The appellant did not appreciate or understand the charge or procedure and thus pleaded guilty by mistake.

(b) The custodial sentence of twenty-one (21) years with hard labour is harsh and excessive for a first time offender.

(c) The court did not consider the part played by each of the accused persons.

4. The complainant in the case is Kwabena A…

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