Ratio Decidendi



YAKUBU SALIFU
V.
THE REPUBLIC

(2015) JELR 63899 (HC)    
High Court  ·  CASE NO.D15/177/15 ·  16 Nov 2015 ·  Ghana
CORAM
HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Ratio Decidendi

Core Terms Beta
appellant
sentence
court
appeal
magistrate
consideration
republic
fact
prosecution
trial magistrate
appellate court
money
record
asaah alias asi v
circumstances of the case
counsel
ground of appeal
hard labour
said mitigating factors
absence of any special circumstances
ashanti region
chief state attorney
court of appeal
crminal offences act
days imprisonment
duty of the magistrate
face of the record
facts
incarceration of the appellant
instant appeal
judgement
judgment of the district magistrate
learned counsel
legal representation
maiden appearance
mere ground
mitigating factors
months imprisonment
nyinahin distrcit court
ordeal of custodial sentence
personal circumstances of the appellant
police custody
previous criminal record
proceedings of the court
record of appeal
record of proceedings
refund of the entire sum
sole bread winner of the family
such mitigating circumstances
time of his conviction

JUDGEMENT

This is an appeal against the Judgment of the District Magistrate, Nyinahin, Ashanti Region. The appellant was arraigned before the Nyinahin Distrcit Court on a charge of stealing, contrary to section 124(1) of the Crminal Offences Act, 1960, Act 29.

On his maiden appearance before the court, his plea was not taken because the prosecution indicated to the Magistrate that investigations were ongoing and did not want any interference with their investigations. Their request was accepted by the court and the appellant was kept in police custody.

Subsequently, his plea was taken and he pleaded guilty. The trial Magistrate proceeded to convict and sentence him to 270 days imprisonment with hard labour. It is against this sentence that the instant appeal has been brought.

The facts which led to the conviction and sentence are as follows: The Appellant is a caretaker to one Alhaf Issufu, who rents out excavators. On 13/09/2015, a customer rented or hired an excavator from the Appellant…

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