Ghana Judgment

ghacc

THE REPUBLIC VRS MOHAMMED AND ANOTHER (B7/05/2024) [2024] GHACC 252 (10 January 2024)

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Source document

01

Holding and result

The accused persons pleaded guilty to both counts of conspiracy to commit stealing and stealing. As first time offenders who did not waste the court's time, and considering their youth and potential for reform, the court imposed concurrent sentences of 10 years on each count.

Court disposition

convicted and sentenced

Orders

  • Accused persons convicted on their own plea of guilty on both counts.
  • Each accused sentenced to 10 years imprisonment on each count, sentences to run concurrently.
  • Sentences to take effect from the date of remand under Article 14(6) of the 1992 Constitution.

02

Material facts

Parties

The Republic

Prosecution

Ibrahim Mohammed

Accused

Usmanu Mohammed

Accused

Amounts and remedies

  • Sentence Per Count: years 10

03

Procedural history

  1. Posture

    Criminal / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused pleaded guilty simplicita to both counts and did not contest the charges.
Respondent
Not applicable as the accused pleaded guilty and there was no contest.

05

Court’s reasoning

  1. 01

    Section 199(1) of Act 30

    Where the accused pleads guilty to a charge, the court must explain the nature of the charge and procedure if the accused is unrepresented.

  2. 02

    Sections 23(1), 124(1) of Act 29 and section 296(5) of Act 30

    Conspiracy and stealing are second degree felonies punishable up to 25 years imprisonment.

  3. 03

    Article 14(6) of the 1992 Constitution

    Sentences may run concurrently and take effect from the date of remand under Article 14(6) of the 1992 Constitution.

06

Ratio, limits and disposition

Ratio decidendi

The accused persons pleaded guilty to both counts of conspiracy to commit stealing and stealing. As first time offenders who did not waste the court's time, and considering their youth and potential for reform, the court imposed concurrent sentences of 10 years on each count.

Obiter and limits

  • The court is mindful of the need to give young first time offenders the opportunity to reform.
  • Other potential offenders are expected to learn from the decision of this court.

Court disposition

convicted and sentenced

  • Accused persons convicted on their own plea of guilty on both counts.
  • Each accused sentenced to 10 years imprisonment on each count, sentences to run concurrently.
  • Sentences to take effect from the date of remand under Article 14(6) of the 1992 Constitution.

Source and reliance status

ghacc · 10 January 2024

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Judgment reading view

Judgment text

The complete available source text.

Source document

ghacc

Judgment· 10 January 2024

THE REPUBLIC VRS MOHAMMED AND ANOTHER (B7/05/2024) [2024] GHACC 252 (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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal and Other Offences Act 1960 (Act 29)

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code (Act 30)

Legislation

Legislation referenced in the available case record.

1992 Constitution of Ghana

Legislation

Legislation referenced in the available case record.

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