OSEI BONSU
V.
THE REPUBLIC

(2022) JELR 109911 (CA)

Court of Appeal 31 Mar 2022 Ghana
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- The Court of Appeal affirmed an 8-year sentence for stealing under section 124(1) of Act 29, together with an order for restitution of GH¢108,000.00, holding the sentence was not manifestly excessive given aggravating fiduciary breach and

Case Details

Suit Number:H2/01/2022
Judges:A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., S. K. A. ASIEDU J. A.
Counsel:YAW ACQUAH (ASSISTANT STATE ATTORNEY) FOR RESPONDENT. ANIM ADDO FOR THE APPELLANT.

POKU-ACHEAMPONG, J.A.

We have before us my lords an appeal against the sentence imposed on the Appellant by a Kumasi High Court in a judgment dated 30 July 2020.

Background:

The Appellant a 32 year old manager of the Adadientem branch of the complainant’s Company, K. Gyasi Company Limited, dealers in building materials, was arraigned before the Circuit Court Juaben Ashanti on a charge of stealing contrary to Section 124(1) of the Criminal Offences Act, 1960, Act 29.

The particulars of offence was as follows:

“Osei Bonsu aged 32 years, manager; on 08/09/2018 at Adadientem near Ejisu in the Ashanti Circuit and within the jurisdiction of this court, you did steal 3,512 bags of cement 1,163 pieces of iron rods, 55 boxes of nails and 171 pieces of roofing sheets all valued at ¢108,000.00 the property of one Nana Kwadwo Gyasi.”

The Appellant initially pleaded not guilty to the charge and was granted bail on 13/3/2019.  He subsequently changed his plea to that of guilty simpliciter on 10 of May 20…

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