ABU MOHAMMED vs. THE REPUBLIC

JUDGMENT KOOMSON JSC; My Lords, The core issue that we have been called upon to adjudicate is as to whether or not a person who is over 18 years old but under 21 years, in this instance a 20-year-old, can be sentenced to a term of imprisonment of more than 3 years in the face of Section 46 (1) (d) of the Juvenile Justice Act, 2003, Act 653. FACTS OF THE CASE The facts leading up to the instant appeal are that on the 25th March, 2011, the Appellant together with four others attacked a Total Filing Station on the Bawjiase Road in Kasoa. They took away mobile phones, an amount of GHC 4,000 and a lady's handbag containing her valuables. In the process of the robbery, the Appellant fired a gunshot at the 1st and 2nd Prosecution witnesses injuring them on the left thigh and left knee respectively. The Appellant herein was arrested by a mob at the scene while trying to scale the fence wall of the Riling station whilst 2nd accused person, who was discharged, was arrested at a later date. O...