FRANCIS NSOR NYAABA vs THE REPUBLIC [2021]DLCA16055

Date	2021-12-16
Suit No.	CRIMINAL APPEAL NO: H2/12/2021
Citation No.	[2021]DLCA16055

SOWAH J. A. (PRESIDING)

OPPONG J. A.

MENSAH-HOMIAH J. A.

NANA GYANKOMA DJABA-MENSAH

[2021]DLCA16055
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													<main id="main" class="content" style="min-height: 60rem" >FRANCIS NSOR NYAABA<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, KOFORIDUA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CRIMINAL APPEAL NO: H2/12/2021&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: 16TH DECEMBER 2021<o:p></o:p>

</div>CORAM<o:p></o:p>SOWAH
J. A. (PRESIDING), OPPONG J. A., MENSAH-HOMIAH J. A.<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGEMENT<o:p></o:p>

</div>MENSAH-HOMIAH, J.A.<o:p></o:p>A summary of the facts of the case which has culminated in the appeal
before this court are as follows: On 28th May 2008 at about 11pm,
Appellant and his accomplices went to the Hill Top Hotel at Mamobi, near Accra
Girls Senior High School, Accra. They outwitted the security man that they
wanted to buy drinks and managed to enter the hotel. The security man was ordered
at gun point to sit down or risk being shot. Wielding guns and cutlasses,
Appellant and his accomplices succeeded in taking away money from the
reception, 4 decoders, mobile phones of the workers and hand bags. The robbers
were apprehended by the police and subsequently charged with two counts of
conspiracy to commit crime to wit robbery; and robbery, contrary to sections 23
(1) and 149 of the Criminal Offences Act, 1960 (Act 29), as amended by Act 646
of 2003.&nbsp; The accused persons were
arraigned before the High Court, Accra.<o:p></o:p>After a full trial, Appellant was found guilty, and upon
conviction, he was sentenced to forty (40) years imprisonment on 5th
May, 2009. However, his accomplices who were also convicted, were sentenced to
thirty (30) years imprisonment. <o:p></o:p>The Appellant’s Notice of Appeal filed on 24th
February, 2021 pursuant to leave of this court granted on 8th
February, 2021, contain some narratives purporting to be grounds of appeal, but
they are indeed not grounds of appeal properly so called. Upon a thorough
examination, only ground (a) which is for mitigation of sentence, was properly
formulated. It reads:<o:p></o:p>“That the
Sentence is excessively harsh and unbearable since appellant is a first-time
offender and he was an extreme youth at the time of the offence.”<o:p></o:p>&nbsp;Grounds (b) to (f) border on Appellant’s personal circumstances
and alleged good character consequent to his conviction. &nbsp;To deal with this appeal in a holistic manner,
other matters which affect the sentences passed by the trial Judge would be
discussed, though not expressly stated in the written submissions of Appellant.
These include the disparity in sentencing and failure to apply Article 14(6) of
the 1992 Constitution.<o:p></o:p>In his written submissions, Appellant prays this court to reduce the
sentence of forty (40) years imposed on him by the trial judge. He submits that
as a young, first-time offender, he has learnt his lesson through the hard way;
he has acquired “crucial and vital qualities which will assist him to fit
into society in peace and harmony when given the chance”. Appellant further
submits that he is remorseful and has “seen the consequences of lawlessness
in the society”.<o:p></o:p>Responding to these submissions, the learned State Attorney for
the Republic takes the view that “the sentence of forty (40) years imposed
on the Appellant is fair and deterrent enough considering the upsurge of the
offence of robbery in the country”.<o:p></o:p>Another argument
by Counsel for the Republic/Respondent is that, there is no degree of
repentance or a show of remorse by the Appellant.&nbsp; She argues that: <o:p></o:p>“Having first
served a term of imprisonment in the form of remand in previous robberies, that
alone should have deterred the Appellant from any future criminal enterprise.
However, after serving sometime in remand for Robbery, the Appellant commits
the same grievous offence.”<o:p></o:p>&nbsp;