EFFAH AND ANOTHER vs THE REPUBLIC [2000]DLCA126

Date	2000-07-27
Suit No.
Citation No.	[2000]DLCA126

AFREH JA

AKOTO-BAMFO JA

AMONOO-MONNEY JA

VICTOR OCANSEY FOR THE FIRST APPELLANT.

OSAFO-OSEI FOR THE SECOND APPELLANT.

GYAMBIBY PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC.

[2000]DLCA126
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">EFFAH AND ANOTHER<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">THE REPUBLIC<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1999-2000]
2 GLR 722<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.0pt;
mso-border-bottom-alt:solid black .5pt;padding:31.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

</div>COUNSEL:<o:p></o:p>VICTOR
OCANSEY FOR THE FIRST APPELLANT.OSAFO-OSEI FOR THE SECOND
APPELLANT.GYAMBIBY, PRINCIPAL STATE
ATTORNEY, FOR THE REPUBLIC.___________________________________________________________________________________________________________________________CORAM:AFREH, AKOTO-BAMFO AND
AMONOO-MONNEY JJA___________________________________________________________________________________________________________________________JUDGEMENT<o:p></o:p>Amonoo-Monney JA. <o:p></o:p>Delivered
the judgment of the court at the invitation of Afreh JA. On 13 April 2000 we
allowed the appeal of the second appellant, quashed his conviction for abetment
of stealing and set aside the enhanced sentence imposed on him on appeal by the
High Court, Koforidua. We now proceed to give reasons for allowing his appeal
and also to give judgment in the appeal by the first appellant.<o:p></o:p>The
first and second appellants were on 26 February 1999 convicted by the Circuit
Court, Mpraeso of the offences of stealing and abetment of stealing,
respectively. The first appellant was sentenced to a fine of ¢6 million or, in
default, three years’ imprisonment with hard labour and the trial court ordered
that “if the fine is paid, ¢4 million be refunded to the complainant as
compensation.” The second appellant was sentenced to a fine of ¢1,500,000 or
two years’ imprisonment with hard labour. Both appellants appealed against
their convictions and sentences to the High Court, Koforidua. The grounds of
appeal of the first appellant were that: “(1) The conviction is wrong in law;”
and (2) “The sentence is harsh and excessive.” Although the petition of appeal
also stated that other grounds of appeal would be filed on receipt of the
record of proceedings, there in no indication that any other ground of appeal
were filed.<o:p></o:p>The
appellants were represented at the trial circuit court by Mr R K A Asaase of
Akoma Chambers, Nkawkaw and at the High Court, Koforidau by Mr I L Mills of
Baako-Apem Chambers, Koforidua. At the High Court, counsel abandoned the appeal
by the first appellant against his conviction and pursued the appeal of the
first appellant against his sentence only. The appellate High Court dismissed
the appeal against sentence and indeed enhanced the sentence imposed on the
first appellant by the trial court, and substituted a sentence of four years
and six months’ imprisonment with hard labour, without the option of a fine. In
the case of the second appellant, the High Court affirmed his conviction by the
circuit court and again altered his sentence to three year’ imprisonment with
hard labour, also without the option of a fine. It is from these decisions of
the High Court that the appellants have appealed to this court.<o:p></o:p>The
first appellant worked as an accounts clerk with a cigarettes distribution
company of Nkawkaw, known as Tripple “R” Co Ltd, which sold cigarettes supplied
by Pioneer Tobacco Co (PTC) of Takoradi. Tripple “R” was a customer of the
Nkawkaw branch of the Agricultural Development Bank (ADB). PTC also had a
“remittance account” with ADB, Nkawkaw into which Tripple “R” Co made payments
which were then transferred to PTC in Takoradi. The first appellant was also a
customer of the bank. On 9 March 1998 the first appellant had to pay into the
remittance account of PTC at the ADB, Nkawkaw the sum of ¢11,700,000 in cash
which had come into his possession by virtue of his employment with Tripple “R”
Co and thus money that was not meant for his personal use. He therefore filled
and signed the necessary ADB “cash only” pay-in slip for this amount,
indicating that the cash he was to pay into bank was in the denominations of
¢5,000; ¢2,000; and ¢1,000 currency notes totalling ¢11,700,000. The slip was
dated 9</main>