PAUL KWAME ANTWI vs. THE REPUBLIC [2017]DLCA4952

Date	2017-11-30
Suit No.	CRIMINAL APPEAL NO.: H2/04/2017
Citation No.	[2017]DLCA4952

E. K. AYEBI J.A. (PRESIDING)

G. TORKORNOO (MRS) THEJ.A

A. M. DOMAKYAAREH (MRS) J.A.

STEPHEN ALEWABA FOR THE APPELLANT

COUNSEL FOR THE RESPONDENT ABSENT

[2017]DLCA4952
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													<main id="main" class="content" style="min-height: 60rem" >PAUL KWAME ANTWI<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, KUMASI]<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.: H2/04/2017&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:
30TH NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>STEPHEN ALEWABA FOR THE
APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>E. K. AYEBI J.A.
(PRESIDING), G. TORKORNOO (MRS) THEJ.A, A. M. DOMAKYAAREH (MRS) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>DOMAKYAAREH (MRS), J. A.<o:p></o:p><o:p>&nbsp;</o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
This appeal is against the judgment of the
High Court, Sunyani dated 21st June 2016.&nbsp; The facts of the case are straight forward
and follow the pattern of certain shortcomings in the Cocoa Industry.&nbsp; The appellant was charged with two offences,
namely, Falsification of Accounts contrary to S. 140(1)(a) of the Criminal
Offences Act, 1960 (Act 29) and Stealing contrary to S. 124(1) of the same Act.<o:p></o:p><o:p>&nbsp;</o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The facts presented to the High Court are
that, the appellant was the District Manager of Olam Ghana Ltd at Sankore and
that during the 2012/2013 Cocoa Season, he was given an amount of GH⊄1,810,480.00 by the Company
to purchase 8,540 bags of cocoa beans.&nbsp;
On January 24, 2013, the appellant per his Warehouse Ledger Book,
reported to the Zonal Head that he had bought 8,393 bags of cocoa beans out of
which he had sent 7,293 bags to Tema Port leaving a balance of 736 bags in his
Warehouse and that the remaining bags would be ready within two weeks. [My own
calculation shows that 7,293 out of 8,393 leaves a balance of 1,100 and not 736
as stated in the facts].&nbsp; Upon a routine
check at his Warehouse by the Zonal Head, not a single bag was found in the Warehouse.&nbsp; The appellant was confronted with this state
of affairs and he explained that his Clerks were yet to provide the outstanding
bags.&nbsp; His Depot Keeper was also
confronted as to why the figures in the Ledger Book read they had 736 bags in
the Warehouse when there was actually nothing in the Warehouse.&nbsp; The Depot Keeper stated that it was the
appellant who asked him to put those figures in the Books.&nbsp; When an audit was conducted, it was revealed
that there was a shortage of 736 bags of cocoa beans equivalent to Gh⊄145,432.00.&nbsp; The appellant was given the opportunity to
make the 736 bags available by the end of May 2013 but he failed to do so and he
also failed to refund the equivalent amount of the money involved.&nbsp; A report was therefore made to the Police and
the appellant was arrested and after investigations, subsequently charged with
the offences as stated supra.&nbsp; The
appellant pleaded “not guilty” to the Charges.&nbsp;
He was however found guilty at the end of a full trial and sentenced to
three (3) years Imprisonment with Hard Labour (IHL) on each of the two
counts.&nbsp; The sentences were to run consecutively.<o:p></o:p><o:p>&nbsp;</o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Dissatisfied with the Conviction and Sentence,
the appellant filed a Notice of Appeal to this Court on 23rd June,
2013 with the following stated grounds, namely:<o:p></o:p>i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That the conviction and sentence are wrong
in law <o:p></o:p>