Ghana Judgment

ghahc

Republic Vrs Afenu (F14/01/2022) [2024] GHAHC 310 (21 March 2024)

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Professional case brief

Research organized from the available case record

Source document

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 Arku

Bright K. Afenu

Accused Counsel: Saviour S. Asase

Amounts and remedies

  • Years in Custody Before Sentencing: 5
  • Sentence Imposed (years): 9

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

The complete available source text.

Source document

ghahc

Judgment· 21 March 2024

Republic Vrs Afenu (F14/01/2022) [2024] GHAHC 310 (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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Authorities

Authorities used by the court

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

Section 46 of Act 29/60

Legislation

Legislation referenced in the available case record.

Section 50 of Act 29/60

Legislation

Legislation referenced in the available case record.

Section 239(2) and (3) of Act 29/60

Legislation

Legislation referenced in the available case record.

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