[2021]DLSC10691 • May 26, 2021 • Supreme Court •
OBENG GYEBI vs. THE REPUBLIC
The appellant, aged 32 at the time, was convicted by the Kumasi High Court for conspiracy and armed robbery involving a break-in at a residence near Obuasi where cash and gold worth significant sums were stolen. The appellant and five others were involved; the victim was threatened at gunpoint but no serious injuries occurred. The appellant was sentenced to life imprisonment under the Suppression of Robbery Decree, 1972 (N.R.C.D. 11). He appealed unsuccessfully to the Court of Appeal and subsequently to the Supreme Court.
read moreINTRODUCTION Upon a cursory glance, this Appeal appears to be a normal appeal against a sentence by a convict. However, upon closer inspection and a lot of introspection, this matter transforms into one of immense jurisprudential importance with the very essence and nature of justice at the heart of the main issue that this set of facts raises. This is an appeal against the judgment of the Court of Appeal upholding the life sentence handed to the Appellant by the Kumasi High Court on the 18th day of August, 2000 for having committed the offences of Conspiracy and Robbery. At the time of the sentencing of the Appellant, the law governing the sentencing of people convicted of Armed Robbery was the Suppression of Robbery Decree, 1972 (N.R.C.D. 11). The relevance of this point will become increasingly obvious in the course of this opinion. The Appellant, who represents himself, argues that the life sentence imposed on him is harsh and excessive given the circumstances surrounding ...