Mohammed Vrs The Republic [2023] GHAHC 248 (8 March 2023)

Mohammed Vrs The Republic [2023] GHAHC 248 (8 March 2023)

The trial judge erred in law by imposing consecutive sentences for offences committed in one criminal transaction, contrary to sections 302 and 303 of Act 30. The sentence was harsh and excessive and is substituted with the minimum sentence for robbery.

Citation
[2023] GHAHC 248
Parties
Appellant: Bello Mohammed; Respondent: The Republic
Court
High Court
Jurisdiction
Ghana
Judgment Date
8 March 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Sentencing, Appeal, Robbery
Source Language
English
Criminal Law Sentencing Appeal Robbery

Case Brief

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Parties

Bello Mohammed

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of 47 years imprisonment imposed on the appellant was harsh and excessive
  2. 2 Whether the sentences should have been ordered to run consecutively or concurrently

Ratio Decidendi

The trial judge erred in law by imposing consecutive sentences for offences committed in one criminal transaction, contrary to sections 302 and 303 of Act 30. The sentence was harsh and excessive and is substituted with the minimum sentence for robbery.

Court Disposition

appeal allowed

Orders

  • Sentence of 47 years imprisonment set aside
  • Appellant sentenced to 10 years imprisonment being the minimum sentence for robbery