[2019]DLSC6578 • July 3, 2019 • Supreme Court •
OWUSU BANAHENE vs. THE REPUBLIC
The appellant, Owusu Banahene, along with two others, was convicted for conspiracy to steal and stealing building materials valued at GH¢ 2,050,000.00 from Iron Birds Company, owned by his uncle. The appellant was sentenced to 20 years imprisonment with hard labor (IHL) and ordered to make restitution. The other accused received lesser sentences. The appellant appealed against conviction and sentence.
read moreADINYIRA (MRS.), JSC:- The appellant, Owusu Banahene alongside with two other accused persons was convicted on two counts of conspiracy to steal and stealing building materials to the tune of GH¢ 2, 050,000.00 from Iron Birds Company , a company of his own uncle. On, 11 February 2011, he was convicted and sentenced to 20 years IHL and the other two accused persons were sentenced to terms of 10 and 15 years respectively. The trial Judge also made a restitution order for the appellant to restore to the complainant all properties and items acquired as proceeds of the dishonest appropriation. An appeal to the Court of Appeal having failed, the appellant has appealed against this judgment dated 25 June 2013 on two grounds that the judgment was against the weight of evidence and the sentence harsh and excessive. Ground One: Judgment is against the weight of evidence We have given serious consideration to this ground of appeal and evaluated the evidence and have come to the conclusion t....