JOHN SELASIE NUTSUGAH vs THE REPUBLIC [2021]DLCA16059

Date	2021-12-16
Suit No.	CRIMINAL NO: H2/23/2021
Citation No.	[2021]DLCA16059

SOWAH J. A. (PRESIDING)

OPPONG J. A.

MENSAH-HOMIAH J. A.

MUSTAPHA MAHAMA

[2021]DLCA16059
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													<main id="main" class="content" style="min-height: 60rem" >JOHN SELASIE NUTSUGAH<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 NO: H2/23/2021&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; &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,
JA:<o:p></o:p>INTRODUCTION<o:p></o:p>This appeal is at the instance of the 1st Accused/Appellant
(hereinafter referred to as Appellant) against the Judgment of the High court,
Ho dated 15th January, 2018. It is for mitigation of sentence. The
Learned High Court judge considered an appeal lodged by the Appellant herein
against the sentence imposed on him by the Circuit Court, Ho, having been
convicted of the following offences: (i) conspiracy to commit crime to wit
defrauding by false pretence contrary to section 23(1) and section 131 of the
Criminal offences Act, 1960 (Act 29); defrauding by false pretence contrary to
section 131 of Act 29; and Issue of False Cheque contrary to section 313 A (1)
of Act 29.<o:p></o:p>&nbsp;FACTS<o:p></o:p>The facts presented by the Prosecution and which were proved at
the trial were neatly summarised in the judgment of the Circuit Court as
follows:<o:p></o:p>“On 12th
August, 2015, A1 and A2 went to the complainant’s store and A1 introduced
himself to be a contractor working at Biakpa and Gbadzeme. A1 (Appellant
herein), requested to buy 600 bags of cement and 6 packets of roofing sheets
all totaling GH₵ &nbsp;23,700.00. A1 told the storekeeper that he
will pay for the items with a postdated cheque and the store keeper directed
them to the complainant. A1 was later issued with a pro forma invoice in his
name by the store keeper and later got the account number of the complainant
and signed a UT Bank Cheque and gave same to A2 to pay into Complainants
account at NIB, Hohoe branch.&nbsp; A1 and A2
later came to plead with the complainant to allow them load 300 bags of cement
to continue with the project at site and ‘he will come for the rest of the
items when the cheque is cleared’. The complainant, out of sympathy, allowed A1
and A2 to load 300 bags of cement but, after loading, the cheque issued and
paid to complainant’s account was returned unpaid and found out to be a false
cheque.”
<o:p></o:p>Based on these facts, the accused persons were subsequently
arrested, charged and tried.<o:p></o:p>DECISION OF THE CIRCUIT COURT<o:p></o:p>The Appellant pleaded “Not Guilty” to the offences, a full trial
was conducted and the court found Appellant and his co-accused guilty of all
the charges. The Appellant and his crime partner were duly convicted on 11th
March, 2016 and sentenced as follows:<o:p></o:p>“A1 pleaded for lenience, likewise A2.<o:p></o:p>After listening
to the plea for leniency by A1 and also taking into consideration the fact that
A1 shows no remorse for what he has done, and decided to push the blame on A2
and one Mr. Lokko, and again, because of the seriousness of A1’s false pretence
and finally, because of the fact that he is an adult in society and ought to
know better, I will sentence him to 15 years imprisonment with hard labour on
count 1 and count 2. On count three, I sentence him to One (1) year imprisonment
with hard labour. The sentences are to run concurrently.<o:p></o:p>