Bashiru Vrs The Republic [2023] GHAHC 190 (14 March 2023)

Bashiru Vrs The Republic [2023] GHAHC 190 (14 March 2023)

The sentence was reduced because the appellant was a first offender, young, showed remorse, the stolen item was recovered, and no harm was caused, making the original sentence harsh in the circumstances.

Citation
[2023] GHAHC 190
Parties
Accused/appellant: Abdul Wahab Bashiru; Respondent: The Republic
Court
High Court
Jurisdiction
Ghana
Judgment Date
14 March 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Stealing, Sentencing, Appeal
Source Language
English
Criminal Law Stealing Sentencing Appeal

Case Brief

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Parties

Abdul Wahab Bashiru

Accused/appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of 5 years imprisonment was harsh and excessive
  2. 2 Whether mitigating factors warranted a reduction in sentence

Ratio Decidendi

The sentence was reduced because the appellant was a first offender, young, showed remorse, the stolen item was recovered, and no harm was caused, making the original sentence harsh in the circumstances.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Sentence of 5 years imprisonment in hard labour is reviewed to 3 years imprisonment in hard labour, effective from 26/04/2021.