KOFI YEBOAH vs. THE REPUBLIC [2017]DLCA5174

Date	2017-11-23
Suit No.	CRIMINAL APPEAL NO: H2/6/17
Citation No.	[2017]DLCA5174

F.G. KORBIEH J.A. (PRESIDING)

A. LOVELACE-JOHNSON (MISS) J.A.

C. H. SOWAH (MRS.) J.A.

AUGUSTINES OBOUR FOR THE APPELLANT

EVELYN D. KEELSON (CSA) FOR THE RESPONDENT

[2017]DLCA5174
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													<main id="main" class="content" style="min-height: 60rem" >KOFI YEBOAH<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><o:p>&nbsp;</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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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CRIMINAL APPEAL NO: H2/6/17&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: 23RD NOVEMBER,
2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AUGUSTINES OBOUR 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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EVELYN
D. KEELSON (CSA) FOR THE RESPONDENT<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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F.G.
KORBIEH J.A. (PRESIDING), A. LOVELACE-JOHNSON (MISS) J.A., C. H. SOWAH (MRS.)
J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>F.G. KORBIEH, J.A.<o:p></o:p>This
appeal emanates from the judgment of the High Court, Accra which had itself
heard an appeal from the trial Circuit Court, Accra convicting and sentencing the
appellant to twenty-five years imprisonment with hard labour. A summary of the
facts of the case, as presented to the initial trial court on the 12/8/2013, was
as follows: the complainant was a businessman who opened an automobile spare
parts shop at Abossey Okine in 2009 and employed the appellant as a sales
assistant. In March, 2011 the complainant travelled to Europe leaving the shop
in the care of the appellant.&nbsp; Barely a
month later, the complainant returned only to find the shop locked up and the
appellant nowhere to be found. The complainant broke open the shop and found
out that seventy-two engines worth GH⊄84,000.00 were missing from the shop. He therefore
made a report to the police. On the 24/7/2013 the appellant was seen at Abossey
Okine and arrested. During interrogation, he admitted the offence in his
investigation caution statement and told the police that he sold the 72 engines
for Gh⊄62,000.00
which amount he gave to one Kwadwo Aboagye to import spare parts for him. He
was therefore charged and put before the court. According to the ROA, the
charge was read and explained to the appellant in Twi and he pleaded guilty and
was accordingly convicted on his own plea and sentenced to twenty-five years imprisonment
with hard labour.<o:p></o:p>On
the 4/2/2015, the appellant filed a motion for extension of time within which
to appeal against conviction and sentence and succeeded in appealing to the
High Court, Accra where he filed three grounds of appeal. The three grounds of
appeal read as follows: (a) The convict
did not understand the proceedings in court as he was not represented; (b) the sentence is excessive and (c) the Judge erred for not giving reasons for
her sentence. The appellate High Court judge duly considered these three
grounds and proceeded to dismiss ground one.
He however upheld grounds two and three in part and reduced the sentence
from twenty-five years to fifteen years. &nbsp;He also made a restitution order and ordered
the appellant to refund the total cost of the items left in his possession to
the complainant. It is this judgment of the appellate High Court that the appellant
has appealed against on the following grounds:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The High Court
erred when it affirmed the conviction of the appellant by the trial circuit
court.<o:p></o:p>2.