AMOAH vs. THE REPUBLIC

The appellant pleaded guilty to a count of assault and of causing damage to property contrary to sections 84 and 172 respectively of the Criminal Code, 1960 (Act 29), before the District Court Grade II, Bekwai. He was accordingly convicted by the trial magistrate, who cautioned and discharged the appellant on the first count and imposed a fine of N¢400.00 or in default 24 months’ imprisonment as regards the second count. It is against this sentence on the second count that the appellant now appeals. The facts are not relevant, save that the articles which the appellant damaged were personal articles of clothing and household gear of the complainant, and in all valued at N¢36.25. These articles belonged to a sister of the appellant and were damaged in a fracas in the house after the accused had been drinking at a funeral. Further the appellant admitted one previous conviction for causing harm, for which he was sentenced to twelve month’s imprisonment with hard labour. From t...