THE REPUBLIC VRS MOHAMMED (B7/05/2024) [2024] GHACC 243 (10 January 2024)

IN THE CIRCUIT COURT OF JUDICATURE HELD AT KUMAWU IN THE ASHANTE REGION ON WEDNESDAY THE 10TH DAY OF JANUARY, 2024 BEFOR HIS HONOUR JONATHAN ODARTEY, CIRCUIT COURT JUDGE. SUIT NO… B7/05/2024

THE REPUBLIC

VRS

IBRAHIM MOHAMMED

USMANU MOHAMMED

JUDGMENT The accused persons herein were charged on two counts of: Count One Conspiracy to commit crime to with stealing contrary to section 23 (1) of the criminal and other offences Act 1960 (Act 29). Count Two stealing contrary to section 124(1) of criminal and other offences Act 1960 (Act 29). The respective particulars of the offences as set out in the charge sheet are as follows: Count One Count Two On 10th day of January, 2024 the accused persons were arraigned before the Circuit Court for the first time. The two charges were read and explained to them to which they pleaded guilty simplicita to the both counts. Thereafter, the facts were given to the court. The accused persons were convicted on their own plea but were remanded in police custody for sentencing on 11th January 2024. The plea of guilty has been recorded as exactly stated by the accused as mentioned in sect 199 (1) of Act 30 which states that “where the accused pleads guilty to a charge, the court before accepting the plea shall, if the accused is not represented by counsel, explain to the accused the nature of the charge and the procedure which follows the acceptance of a plea of guilty’. Conspiracy and Stealing is a second degree felony as described in sections 23(1) and 124(1) of Act 29 respectively. The punishment for these offence as seen in section 296 (5) of Act 30 could go up to 25 years. You pleaded

guilty simplicita without wasting the court’s time and as a first time offenders, the court is mindful of the need to give both of you the opportunity certain that as a young persons to reform. Nevertheless other potential offenders are also expected to learn from the decision of this court. The court in its wisdom has considered these factors enumerated for the determination of the appropriate sanctions. Consequently, upon your plea of guilty simplicita on both counts, A1 and A2 are therefore convicted and sentenced to 10 years each in prison on each count. Both counts to run concurrently. The sentences are to take effect from the day of your under Article 14(6) of the 1992 constitution. SGD H/H JONATHAN ODARTEY ESQ.

CIRCUIT COURT JUDGE KUMAWU - ASHANTI