REPUBLIC VRS HAMED (B7/49/2022) [2024] GHACC 90 (11 March 2024)

REPUBLIC VRS HAMED (B7/49/2022) [2024] GHACC 90 (11 March 2024)

Aggravating factors, including breach of trust, premeditation, lack of recovery of stolen items, and high value, outweigh mitigating factors; offence falls within level 'D' of Sentencing Guidelines, warranting 8 years imprisonment in hard labour.

Citation
REPUBLIC VRS HAMED (B7/49/2022) [2024] GHACC 90 (11 March 2024)
Parties
Prosecution: The Republic; Accused: Issah Hamed
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 March 2024
Procedural Posture
Criminal / Sentencing Judgment
Outcome
convicted and sentenced
Legal Topics
Defrauding by False Pretence, Stealing, Sentencing, Mitigating and Aggravating Factors
Source Language
eng
Criminal Law Defrauding by False Pretence Stealing Sentencing Mitigating and Aggravating Factors

Case Brief

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Parties

The Republic

Prosecution

Issah Hamed

Accused

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 appropriate sentence for stealing under section 124 of Act 29
  2. 2 application of sentencing guidelines
  3. 3 consideration of aggravating and mitigating factors

Ratio Decidendi

Aggravating factors, including breach of trust, premeditation, lack of recovery of stolen items, and high value, outweigh mitigating factors; offence falls within level 'D' of Sentencing Guidelines, warranting 8 years imprisonment in hard labour.

Court Disposition

convicted and sentenced

Orders

  • Accused sentenced to eight years imprisonment in hard labour for stealing under section 124 of Act 29.