The Republic vrs Kwadwo Ntiamoah Yedenyaw (D4/04/2024) [2023] GHACC 1000 (19 October 2023)

The Republic vrs Kwadwo Ntiamoah Yedenyaw (D4/04/2024) [2023] GHACC 1000 (19 October 2023)

The accused pleaded guilty, admitted the offence, was a first-time offender, the stolen items were recovered in good condition, and the value was moderate. Despite mitigation, premeditation and community deterrence warranted a custodial sentence of 12 months.

Citation
[2023] GHACC 1000
Parties
Prosecution: The Republic; Accused: Kwadwo Ntiamoah Yedenyaw
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 October 2023
Case Number
D4/04/2024
Procedural Posture
Criminal / Final Judgment
Outcome
conviction and custodial sentence
Legal Topics
Stealing, Sentencing, Mitigation, First Offender
Source Language
English
Criminal Law Stealing Sentencing Mitigation First Offender

Case Brief

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Parties

The Republic

Prosecution

Kwadwo Ntiamoah Yedenyaw

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused is guilty of stealing under section 124(1) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Appropriate sentence for a first-time offender who pleaded guilty and returned stolen property

Ratio Decidendi

The accused pleaded guilty, admitted the offence, was a first-time offender, the stolen items were recovered in good condition, and the value was moderate. Despite mitigation, premeditation and community deterrence warranted a custodial sentence of 12 months.

Court Disposition

conviction and custodial sentence

Orders

  • Accused sentenced to 12 months imprisonment