JUSTICE ERNEST AMOH vs THE REPUBLIC

JUDGEMENT MENSAH-HOMIAH, J.A. INTRODUCTION As a preface to this judgment, we remind ourselves of the following statement by C.S. Lewis about the justice system: “It is only as deserved or undeserved that a sentence can be just or unjust”. The Appellant before us, is aggrieved by the 30-year sentence imposed on him by the High Court, Accra on 6th July 2009 for the offences of conspiracy to commit crime to wit robbery; and robbery, contrary to section 149 of the Criminal Offences Act, 1960 (Act 29) as amended by the Criminal Code (Amendment) Act, 2003, Act 646. To the Appellant, he did not deserve such a punitive or harsh sentence. In line with our core mandate to re-hear this appeal, we would ascertain from the record of appeal whether or not, in the circumstances of this case, Appellant was deserving of the 30 years sentence imposed on him by the trial court or whether the sentence was in accordance with law. BACKGROUND FACTS Briefly, the salient facts are that on 21st Ju...