Moro Vrs Republic (CC/48/2024) [2024] GHAHC 308 (4 July 2024)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE SITTING IN HO-VOLTA REGION CORAM: H/L JUSTICE YAW OWOAHENE-ACHEAMPONG J. SUIT NO: CC/48/2024 4TH JULY, 2024 HAMIDU MORO VERSUS: - THE REPUBLIC Appellant absent Joseph Opusumah with Celestina Arku and Elorm Fuga Appellant not represented SENTENCE The appellant upon the leave of this same court and presided over by my good-self permitted to enter an appeal against his conviction. Subsequently, on 20/10/2023, the appellant herein caused to file notice of appeal and lamented that his sentence of 12 years imprisonment awarded him by the Kpando, Circuit Court dated 27/10/2019 was excessive. The appellant was sentenced for the offence of stealing. 2 The appellant does not contest his conviction. The appellant prays that being a first time offender, the court may have mercy on him and mitigate his sentence of 12 years to a lesser sentence. The Republic through the learned State Attorney Joseph Opusumah caused to file written submissions not opposing the instant appeal. Referring the court to some case law, the learned State Attorney held the view that the sentence of the appellant to 12 years imprisonment was manifestly excessive having regard to the value of the item. Having perused the record of appeal before me, I agree with learned counsel for the appellant that the sentence of 12 years imposed on the appellant by the said Circuit Court was a bit harsh and excessive. I therefore set aside the said sentence of 12 years imposed on the appellant. I rather substitute a sentence of five (5) years in a place of the original sentence. The appeal therefore succeeds. (SGD.) H/L JUSTICE YAW OWOAHENE-ACHEAMPONG JUSTICE OF THE HIGH COURT eve 3