THE REPUBLIC
V.
EDWARD ACHEAMPONG

(2011) JELR 65610 (CA)    
Court of Appeal  ·  NO. H1/2/2011 ·  25 Jan 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING,F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
trial court
accused person
following offences
decision of the high court
trial judge
false statutory declaration
antecedent of the case
good behaviour
course of the trial
sole ground of appeal
criminal offence
facts of the case
lenient view
section
complainant
criminal cases
bedroom house
false pretences
mitigation of sentence
appropriate punishments
site plan
general rules
fraudulent breach of trust
medical doctor
better appraisal of the issues
learned trial judge
counsel
reasonable time
previous conviction of the accused
capital punishment
appeal
criminal jurisdiction
pendency of the negotiation
sentence
gravity of the offence
building plots
act
accused person’s acts
respondent
second degree felony
following sections of the criminal offences act
others
justice of appeal
irene c. danquah
settlement
proceedings
dr. emmanuel osei acheampong

JUDGMENT

IRENE C. DANQUAH

This appeal is against the decision of the High court, Kumasi delivered on the 9th April, 2010. The appeal was filed by the State. The sole ground of appeal is that the sentence passed by the trial court is lenient and wrong and do not commensurate to the GRAVITY and the antecedent of the case. The Respondent was charged with the following offences:

Count One and Two: Forgery of documents contrary to Section 159 of Act 29 of 1960.

Count Three: Making a false Statutory Declaration contrary to Section 5 of Act 389 of 1971.

Count Four: Fraudulent breach of trust contrary to section 129 of Act 29 of 1960.

Count five: Defrauding by false pretences contrary to Section 131 of Act 29 of 1960 as amended by NLCD 398 paragraph 5.

In the course of the trial, the prosecution called five witnesses and the Respondent also called three witnesses. On 9th April 2009, the trial judge delivered his judgment against which the State has mounted this appeal. Since the proceedings for the …

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