TUMENYO CHARLES & 2 ORS vs. THE REPUBLIC

JUDGMENT The appellant, Afo Larry who was the 2nd accused in the court bellow, appeals against the conviction and sentence imposed on him on 20th day of July 2022 by the Circuit Court, Hohoe presided over by His honour Johnson Abbey for the offence of Dishonestly Receiving contrary to Section 146 of the Criminal Offences Act, 1960, Act 29. The trial Judge imposed a sentence of 10 years imprisonment on appellant, having convicted appellant upon a plea of guilty of dishonestly receiving. I have read the submissions of Counsel for both the Appellant and Respondent, and I will allow the appeal against conviction and sentence and order a retrial of the appellant. These are the reasons for coming to that conclusion. The appellant was charged with the following offence: “Dishonestly receiving property contrary to section 146 of the criminal Offences Act 1960,( Act 29). The facts as narrated at the trial court are that, on 12th July, 2022, Police had information that the newly .....