The Republic Vrs Bahey [2023] GHAHC 226 (27 March 2023)

The Republic Vrs Bahey [2023] GHAHC 226 (27 March 2023)

The trial court erred by not imposing an enhanced sentence as required by Act 30, s.300(1) due to the appellant's previous convictions for the same offences. The appellate court is empowered to set aside the original sentence and impose an increased sentence, which it did, ordering six years imprisonment in hard labour for unlawful entry, six years for stealing, and four years for causing unlawful damage, all to run concurrently.

Citation
[2023] GHAHC 226
Parties
Respondent: Republic; Convict/appellant: Godwin Hovey Bahey
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed; sentence enhanced
Legal Topics
Sentencing, Recidivism, Concurrent Sentences, Enhanced Punishment
Source Language
English
Criminal Law Sentencing Recidivism Concurrent Sentences Enhanced Punishment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Republic

Respondent

Godwin Hovey Bahey

Convict/appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in not imposing enhanced sentences for repeat offences under Act 30, s.300(1)
  2. 2 Whether the sentences should run concurrently or consecutively
  3. 3 Whether the appellant is a first-time offender

Ratio Decidendi

The trial court erred by not imposing an enhanced sentence as required by Act 30, s.300(1) due to the appellant's previous convictions for the same offences. The appellate court is empowered to set aside the original sentence and impose an increased sentence, which it did, ordering six years imprisonment in hard labour for unlawful entry, six years for stealing, and four years for causing unlawful damage, all to run concurrently.

Court Disposition

appeal dismissed; sentence enhanced

Orders

  • Sentences imposed by the trial court set aside.
  • Appellant sentenced to six years imprisonment in hard labour for unlawful entry, six years for stealing, and four years for causing unlawful damage, all to run concurrently, effective from the date of the original sentence.