EMMANUEL AGBEKO (PLAINTIFFS) vs. THE REPUBLIC (DEFENDANTS)

An appeal against the sentence of five (5) years I.H.L. for defrauding by false pretence a complainant of GH¢440.00 by a Circuit Court in Koforidua. The facts of the case are that, the appellant who styled himself as a pastor, commonly rented a store which he knew was not his to one Mercy Adodo, collected an amount of ¢440.00 but failed to deliver the store to the complainant. A report was made to the police and appellant was arrested and charged before the Circuit Court, Koforidua. He pleaded “Not Guilty” to the charge of defrauding by false pretense and after the trial, he was found guilty convicted and sentence to 5 years with I.H.L. In sentencing the appellant the trial judge observed that, the appellant was "a young offender and was not known to the law". However, the judge went ahead and sentenced him to 5 years with I.H.L. It is this sentence that appellant is appealing against on the grounds that, having regard to the fact that he is a young offender and was not known t...