AGYEMANG VRS REPUBLIC (D15/58/22) [2023] GHASC 107 (20 September 2023)
The sentence of ten years imprisonment was excessive given the appellant's youth, first-time offender status, and the non-aggravated nature of the offence. The minimum sentence of seven years is sufficient for justice.
- Citation
- [2023] GHASC 107
- Parties
- Appellant: Stephen Agyemang; Respondent: The Republic
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 20 September 2023
- Case Number
- D15/58/22
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed in part
- Legal Topics
- Defilement, Sentencing, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen Agyemang
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sentence of ten years imprisonment was manifestly excessive given the circumstances of the case
- 2 Whether the trial court erred in not considering mitigating factors before sentencing
Ratio Decidendi
The sentence of ten years imprisonment was excessive given the appellant's youth, first-time offender status, and the non-aggravated nature of the offence. The minimum sentence of seven years is sufficient for justice.
Court Disposition
appeal allowed in part
Orders
- Sentence of ten years in hard labour set aside
- Appellant sentenced to seven years in prison custody in hard labour effective from date of conviction
Full Case Text
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