MARK ADASE vs. THE REPUBLIC [2016]DLCA5316

Date	2016-11-25
Suit No.	CRIMINAL APPEAL NO. H2/17/16
Citation No.	[2016]DLCA5316

MARFUL-SAU JA (PRESIDING)

IRENE LARBI JA

HENRY KWOFIE JA

AHUMAH OCANSEY FOR THE APPELLANT.

[2016]DLCA5316
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													<main id="main" class="content" style="min-height: 60rem" >MARK ADASE<o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE
REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL APPEAL NO. H2/17/16&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 25TH NOVEMBER, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AHUMAH
OCANSEY FOR THE APPELLANT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MARFUL-SAU
JA (PRESIDING), IRENE LARBI JA, HENRY KWOFIE JA<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormalCxSpFirst" align="center" style="margin-bottom:0in;margin-bottom:
.0001pt;mso-add-space:auto;text-align:center;border:none;mso-border-bottom-alt:
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</div>MARFUL-SAU,
JA:<o:p></o:p>The
appellant in this appeal together with another were tried on two counts of
conspiracy to commit robbery and robbery contrary to section 23 (1) and section
149 of the Criminal Offences Act, 1960 (Act 29 ), as amended by Act 646 of
2003. On the 21st November 2013, the appellant was convicted by the High Court,
Accra and sentenced to 20 years. On the 15th of February, 2016, this court upon
an application granted the appellant leave to appeal against his sentence. By
the Notice of Appeal filed on the 19th February 2016, appellant grounded his
appeal against the sentence on the fact that no life or property was lost as a
result of the robbery; that the appellant was a youth of 30 years old at the
time the crime was committed and also that appellant was a first offender.
Counsel for the appellant also attached a medical report dated 14th December
2015, to his written submission indicating that the appellant is suffering from
a disease known as Lipoma of the left upper arm and needs to undergo surgery.<o:p></o:p>The
brief facts of this case are that on the 17th of December, 2010, the appellant
and another convict, using a pistol attacked the complainant one Emmanuel Berko
in front of his house at the Coastal Estates, Accra. The appellant managed to
rob the complainant of his Mercedes Benz saloon car with his 5 years old son
sleeping at the back of the car. After driving a distance away, appellant and
the other convict took the child from the car, put him by the road and drove
away. The complainant got a motor rider and gave the robbers a hot chase. The
robbers were stuck in traffic so they came out of the car and took to their
heels. The appellant was arrested after his attempt to fire at one Kwesi Asare
failed. The appellant later led the Police to arrest the other convict David
Tsegah who is the brother of the appellant. The Police upon a search discovered
a locally manufactured pistol and two AAA cartridge from the room of David Tsegah.<o:p></o:p>The
record of appeal indicates that even though the appellant confessed the crime
of robbery in his caution statement, he denied the offence at the trial, but he
was convicted at the end of the trial on the evidence. The appellant's appeal
as indicated is against the sentence of 20 years imposed by the trial court. By
this appeal, appellant is urging this court to reduce the sentence because no
life or property was lost as a result of the robbery and also for the reason
that he was a first offender of 30 years at the time the crime was committed.
With a medical report from the Police Hospital, appellant seeks to demonstrate
that he is a sick person. The record however reveal that apart from the car
which was recovered the complainant lost cash and mobile phones all assessed at
GH₵ 1,070.00 as a result of
the robbery. From the written submission,&nbsp;
what counsel for appellant has sought to do is to mitigate the sentence
imposed by the trial court.<o:p></o:p>In Kwashie&nbsp; v.
The Republic (1971) 1GLR 488, this court dealing with the sentencing power of
the court had this to say:-<o:p></o:p>''In determining the length of sentence, the factors
which the trial Judge is entitled t</main>