MENDS-BUAH
V.
THE REPUBLIC

(1996) JELR 69518 (CA)    
Court of Appeal  ·  7 Mar 1996 ·  Ghana
 · 
Other Citations
[1995-96] 1 GLR 26
CORAM
WOOD JA, BROBBEY JA, ESSILFIE-BONDZIE JA
Core Terms Beta
sentence
section
tribunal
regard
compensation
months’ imprisonment
offence
order
power
custodial sentence
brobbey ja
criminal procedure code
hard labour
order of refund
public tribunals law
such offences
years’ imprisonment
alternative sentence
appellant fail
appellant’s counsel
argument of counsel
circumstances of the case
convicted person
courts act
false pretences
first judgment
important issue
invitation of wood ja
mandatory minimum sentence
maximum sentence
minimum sentence
national public tribunal
nature of compensation
nature of the offence
personal injury
prison sentence
question of the excessiveness of the sentence
refund order
requirements of section
second leg of the appeal
section deals
sentence of imprisonment
sentence of the trial tribunal
serious point
statutory provision
such court order
such order of refund
trial court
tribunal ought
uncertain terms

BROBBEY JA: Brobbey JA read the first judgment at the invitation of Wood 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 refu…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login