Boakye Vrs Republic [2023] GHAHC 136 (6 February 2023)

The sentence of one month imprisonment was within the law but not sufficiently mitigated for a first offender; the custodial sentence is substituted with a fine.

Citation: [2023] GHAHC 136
Parties: Appellant: Frank Boakye; Respondent: The Republic
Court: High Court
Jurisdiction: Ghana
Judgment Date: 6 February 2023
Procedural Posture: Criminal Appeal / Judgment
Outcome: Appeal allowed in part; conviction upheld; sentence varied
Legal Topics: Dangerous Driving, Sentencing, Appeal Procedure
Source Language: English

Criminal Law Traffic Law Dangerous Driving Sentencing Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 1

Parties

Frank Boakye

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed on the appellant was harsh and excessive

Ratio Decidendi

The sentence of one month imprisonment was within the law but not sufficiently mitigated for a first offender; the custodial sentence is substituted with a fine.

Court Disposition

Appeal allowed in part; conviction upheld; sentence varied

Orders

Fine on count one affirmed
One month imprisonment on count two substituted with a fine of twenty (20) penalty units