Woyome Vrs The Republic [2022] GHAHC 82 (16 November 2022)

Woyome Vrs The Republic [2022] GHAHC 82 (16 November 2022)

The 5-year sentence imposed for unlawful entry was harsh and excessive given the appellant's status as a first-time offender, absence of harm to the complainant, and the minimal value of the damage. The sentence was reduced to 15 months to reflect proportionality and rehabilitation.

Citation
Woyome Vrs The Republic [2022] GHAHC 82 (16 November 2022)
Parties
Appellant: Bismark Woyome; Respondent: The Republic
Court
ghahc
Jurisdiction
Ghana
Judgment Date
16 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Unlawful Entry, Appeals, Mitigation of Sentence
Source Language
eng
Criminal Law Sentencing Unlawful Entry Appeals Mitigation of Sentence

Case Brief

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Parties

Bismark Woyome

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the 5-year sentence for unlawful entry was harsh and excessive
  2. 2 Whether the trial court considered relevant mitigating factors

Ratio Decidendi

The 5-year sentence imposed for unlawful entry was harsh and excessive given the appellant's status as a first-time offender, absence of harm to the complainant, and the minimal value of the damage. The sentence was reduced to 15 months to reflect proportionality and rehabilitation.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Sentence of 5 years imprisonment in hard labour reduced to 15 months imprisonment in hard labour, effective from 22/07/2021