BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023) [2024] GHAHC 403 (16 October 2024)

BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023) [2024] GHAHC 403 (16 October 2024)

Trial judge failed to consider aggravating and mitigating factors, did not invite pre-sentencing statement, and did not provide reasons for sentence. Appellant's youthful age, first-time offender status, and early guilty plea warrant reduction of sentence.

Citation
BENJAMIN ZIGAH VRS THE REPUBLIC (D15/03/2023) [2024] GHAHC 403 (16 October 2024)
Parties
Appellant: Benjamin Zigah; Respondent: The Republic
Court
ghahc
Jurisdiction
Ghana
Judgment Date
16 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; sentence reduced.
Legal Topics
Sentencing, Mitigating and Aggravating Factors, Appeal Procedure
Source Language
eng
Criminal Law Sentencing Mitigating and Aggravating Factors Appeal Procedure

Case Brief

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Parties

Benjamin Zigah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed by the trial court was harsh and excessive

Ratio Decidendi

Trial judge failed to consider aggravating and mitigating factors, did not invite pre-sentencing statement, and did not provide reasons for sentence. Appellant's youthful age, first-time offender status, and early guilty plea warrant reduction of sentence.

Court Disposition

Appeal allowed; sentence reduced.

Orders

  • Sentence of 60 months IHL on count 1 and 36 months IHL on count 2 set aside.
  • Substituted with 40 months IHL on count 1 and 24 months IHL on count 2 to run concurrently.