Republic Vrs Afenu (F14/01/2022) [2024] GHAHC 310 (21 March 2024)
- Citation
- Republic Vrs Afenu (F14/01/2022) [2024] GHAHC 310 (21 March 2024)
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- ghahc
- Decision
- 21 March 2024
- Posture
- Criminal / Sentencing
- Language
- English
More details
- Court
- ghahc
- Decision
- 21 March 2024
- Posture
- Criminal / Sentencing
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court accepted the accused's plea of guilty to manslaughter, considered his remorse and five years spent in custody, and imposed a nine-year sentence instead of the maximum or the terms proposed by counsel and the State Attorney.
Court disposition
convicted of manslaughter, acquitted of murder
Orders
- Accused sentenced to nine years imprisonment in hard labour for manslaughter
- Accused discharged on the charge of murder
02
Material facts
Parties
The Republic
Prosecution Counsel: Celestine ArkuBright K. Afenu
Accused Counsel: Saviour S. AsaseAmounts and remedies
- Years in Custody Before Sentencing: 5
- Sentence Imposed (years): 9
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the accused is guilty of murder or manslaughter
- 02
Appropriate sentence for manslaughter upon plea of guilty
Party arguments
- Applicant
- Counsel for the accused pleaded for mercy and requested an eight-year sentence, citing the accused's remorse and time spent in custody.
- Respondent
- The State Attorney did not oppose mitigation but proposed a ten-year sentence for the accused.
05
Court’s reasoning
Legal principles
- 01
Section 50 of Act 29/60
A plea of guilty to a lesser offence may be accepted even if not originally charged, provided the facts support it.
- 02
General sentencing principles
Mitigation of sentence may be considered where the accused shows remorse and has spent significant time in custody.
06
Ratio, limits and disposition
Ratio decidendi
The court accepted the accused's plea of guilty to manslaughter, considered his remorse and five years spent in custody, and imposed a nine-year sentence instead of the maximum or the terms proposed by counsel and the State Attorney.
Obiter and limits
- A plea of guilty simpliciter to manslaughter may attract life imprisonment, but mitigating factors can justify a lesser sentence.
Court disposition
convicted of manslaughter, acquitted of murder
- Accused sentenced to nine years imprisonment in hard labour for manslaughter
- Accused discharged on the charge of murder
Source and reliance status
ghahc · 21 March 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
ghahc
Judgment· 21 March 2024
1
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: F14/01/2022 21ST MARCH, 2024
THE REPUBLIC VERSUS: - BRIGHT K. AFENU Accused present Jurors present save 1st Juror Celestine Arku (ASA) for the Republic present Saviour S. Asase for accused present
SENTENCE The accused person herein was charged with the offence of murder contrary to section 46 of Act 29/60. On 16/03/2023, when the plea of the accused was re-taken, he pleaded not guilty to the charge of murder. 2 However today, even though the accused has maintained his not guilty plea to murder, he has willingly pleaded Guilty to the charge of manslaughter even though not charged under section 239 (2) and (3) of Act 29/60. The accused was therefore convicted on his own plea to the charge of manslaughter contrary to section 50 of Act 29/60. Counsel for the accused put in plea of mitigation of punishment praying that the court may have mercy on the accused and impose eight (8) years imprisonment for the accused. The State Attorney in the matter did not oppose the plea of mitigation but she proposed a sentence of Ten (10) years for the accused. Having taken into account the fact that the accused has shown some remorse by pleading guilty simpliciter to the offence of or manslaughter which may attach a life imprisonment. And having spent some five (5) in custody since committing the instant offence, I am inclined not to be too harsh on the accused. In the circumstance of the case this court shall impose a sentence of nine (9) years imprisonment IHL for the accused. The accused is discharged on the charge of murder. The accused is sentenced accordingly. (SGD.) H/L JUSTICE YAW OWOAHENE-ACHEAMPONG
JUSTICE OF THE HIGH COURT 3 eve
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