Republic Vrs Salifu and 2 Others [2023] GHACC 283 (8 June 2023)

Republic Vrs Salifu and 2 Others [2023] GHACC 283 (8 June 2023)

Accused persons pleaded guilty voluntarily to conspiracy, unlawful entry, and stealing. As first-time offenders, mitigating factors warranted a lenient sentence, but the gravity and prevalence of the offences required deterrence.

Citation
[2023] GHACC 283
Parties
Prosecution: The Republic; Accused: Rashid Salifu; Accused: Alhassan Mohammed; Accused: Anyass Yussif
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
8 June 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Conspiracy, Unlawful Damage, Unlawful Entry, Stealing, Sentencing, Mitigation
Source Language
English
Criminal Law Conspiracy Unlawful Damage Unlawful Entry Stealing Sentencing Mitigation

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Parties

The Republic

Prosecution

Rashid Salifu

Accused

Alhassan Mohammed

Accused

Anyass Yussif

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons are guilty of conspiracy to commit crime, unlawful entry, and stealing
  2. 2 Appropriate sentence for first-time offenders who pleaded guilty

Ratio Decidendi

Accused persons pleaded guilty voluntarily to conspiracy, unlawful entry, and stealing. As first-time offenders, mitigating factors warranted a lenient sentence, but the gravity and prevalence of the offences required deterrence.

Court Disposition

conviction and sentence

Orders

  • Accused persons sentenced to 24 months' imprisonment in hard labour and a fine of 100 penalty units on counts 1, 3, and 5.
  • In default of payment of fine, accused persons to serve additional one year imprisonment in hard labour.