Republic Vrs Boakye [2023] GHACC 419 (27 March 2023)

IN THE CIRCUIT COURT HELD AT ABUAKWA ON MONDAY THE 27TH DAY OF MARCH, 2023 BEFORE HER LADYSHIP JUSTICE GWENDOLYN MILLICENT OWUSU, JUSTICE OF THE HIGH COURT SITTING AS AN ADDITIONAL CIRCUIT JUDGE D18/01/23 THE REPUBLIC VRS BOAKYE FRANCIS PROSECUTION: CHIEF INSPECTOR NOAH OTENG ASIEDU COUNSEL FOR THE ACCUSED: DANIEL KWAME BOATENG ESQ. JUDGMENT The accused was arraigned before this court on a charge with of careless and inconsiderate driving contrary to section 3 of the Road Traffic Act, Act 683 as amended by Act 761. The particulars of the offence are that Boakye Francis, a driver aged 25 years on the 15th day of May, 2022 at about 3:00pm at Atwima Maakro in the Ashanti circuit and within the jurisdiction of this court, then being the driver in charge Hyundai sonata saloon car with trade plate number DV 4605G-22, did drive the said vehicle on the road without due care and attention to other road users resulting to the injury of BISMARK ARYEH, JOSUA MANU and death of KWAKU AFRIYIE. Accused pleaded guilty simplicita to the charge. The brief facts of prosecution’s case are that, on 15/05/2022 at about 3:00pm, accused driver BOAKYE FRANCIS was in charge of Hyundai Sonata Saloon Car with trade plate number DV 4605G-22 from Abuakwa towards Atwima Agogo. On reaching a section of the road at Atwima Maakro, he made an overtaking but could not succeed and, in the process, ran into a leading Toyota Corolla Saloon Car with registration number GW 448- 15 driven by driver BISMARK ARYEH which one person JOSHUA MANU was on board. The impact made both drivers lose control of their steering wheel, veered off and knocked down adult pedestrian by name Kwaku Afriyie who was walking at the nearside edge of the road. Both vehicles finally landed into a nearside valley. Victims Kwaku Afriyie, Joshua Manu and Bismark Aryeh sustained various degrees of injuries. They were rushed to Atwima Maakro Hospital and Abuakwa Polyclinic respectively for treatment. Victims Kwaku Afriyie and Bismark Aryeh were referred to accident and emergency unit of Komfo Anokye Teaching Hospital, Kumasi, where victim Kwaku Afriyie died shortly on arrival. After the facts were read by the prosecution and translated by the Court translator, the court asked whether the facts as read and translated were accurate, and counsel answered that: “Yes, they are”. Since accused person is represented by Counsel, the Court is satisfied that the accused understands the import of his plea and so pleads. The Court thus satisfying itself that the accused understands his plea thereby convicted the accused on his own plea. During pre-sentence hearing, counsel for the accused prayed thus: “The accused has pleaded guilty simplicita and has therefore saved this Court time of going through a full trial. The accused by his demeanor has shown some sense of remorse. He is also a first time offender who has never had a brush with the law whatsoever. He is Youngman who has just begun life and is gainfully employed, working as a Small-Scale Miner. He is married with two kids, 2 years and a 4 year old, and a third child is about to be born. He is also the sole bread winner of the family. When the incident occurred, the accused went through a lot of psychological contempt and scorn. In totality, with all due respect, I will crave your indulgence that in punishing the accused, you exercise your widest discretionary powers by fining the accused person and save him from custodian sentence Act 761 Section 3: per the provisions thereof, I will pray that you exercise your discretion by waiving the Custodial Sentence. The accused person took steps to assist with the burial cost of the deceased but there was so much rancour that they could not come to an agreement”. Prosecution on their part said they will leave everything in the hands of the Court. The Court has heard the prayer of Counsel for the accused. The accused is indeed not known to the law as has been confirmed by the prosecution, and he is also a youngman with a young family. In Haruna V. The Republic (1980) GLR 189-192, Taylor J (as he then was) stated at page 191 that “When Young men have had their first brush with the law, it is essential in the interest of the reformative element in criminal justice that they be not sent to prison unless person sentence was mandatory requirement’. Similarly, in Frimpong @ Iboman V The Republic (2012) SCGLR 297, the Apex Court observed that, “it is generally accepted that a first or young offender must normally be given a second opportunity to reform and play his/her role in the society as a useful and law abiding citizen. That is why it is desirable for a first or young offender to be treated differently when a court considers the sentence to be imposed on a first or young offender, Vis-à-vis a second or habitual offender”. Under the provisions of Section 3 of Act 683 as amended by Act 761, there is no mandatory requirement for a person convicted under the Section to be imprisoned. Thus, going by the authorities cited supra, the early plea of guilt by the accused and all mitigating factors as well as aggravating factors in line with the Ghana Sentencing Guidelines, this Court sentences the accused to a fine of Hundred and Fifty (150) penalty units in default of which the accused will spend eight (8) months in prison. The parties have a right of Appeal. (SGD,) GWENDOLYN MILLICENT OWUSU (HIGH COURT JUDGE)