Republic Vrs Opoku [2023] GHACC 280 (16 March 2023)

Republic Vrs Opoku [2023] GHACC 280 (16 March 2023)

The accused pleaded guilty voluntarily, is a first-time offender, young, and did not benefit from the crime. Mitigating factors warranted a lenient custodial sentence, but aggravating factors included breach of trust and damage to property. Sentences imposed reflect these considerations and statutory requirements.

Citation
Republic Vrs Opoku [2023] GHACC 280 (16 March 2023)
Parties
Prosecution: The Republic; Accused: Micheal Yaw Opoku
Court
ghacc
Jurisdiction
Ghana
Judgment Date
16 March 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentencing
Legal Topics
Stealing, Unlawful Damage, Sentencing, Mitigating Factors
Source Language
eng
Criminal Law Stealing Unlawful Damage Sentencing Mitigating Factors

Case Brief

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Parties

The Republic

Prosecution

Micheal Yaw Opoku

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed stealing under Section 124(1) of Act 29
  2. 2 Whether the accused caused unlawful damage under Section 172(1)(b) of Act 29
  3. 3 Appropriate sentence considering mitigating and aggravating factors

Ratio Decidendi

The accused pleaded guilty voluntarily, is a first-time offender, young, and did not benefit from the crime. Mitigating factors warranted a lenient custodial sentence, but aggravating factors included breach of trust and damage to property. Sentences imposed reflect these considerations and statutory requirements.

Court Disposition

conviction and sentencing

Orders

  • Eight-month imprisonment and fine of 250 penalty units or in default, additional twelve months' imprisonment in hard labour on count 1.
  • Four-month imprisonment in hard labour and fine of 100 penalty units or in default, additional four months' imprisonment in hard labour on count 2.