Moro Vrs Republic (CC/48/2024) [2024] GHAHC 308 (4 July 2024)

INTHESUPERIOR COURT OF JUDICATURE INTHEHIGH COURT OFJUSTICE SITTINGINHO-VOLTA REGION CORAM: H/LJUSTICEYAW OWOAHENE-ACHEAMPONG J. SUITNO: CC/48/2024 4TH JULY, 2024 HAMIDU MORO VERSUS: - THEREPUBLIC Appellant absent JosephOpusumah withCelestina ArkuandElormFuga Appellant notrepresented SENTENCE The appellant upon the leave of this same court and presided over by my good-self permitted toenteranappealagainst his conviction. Subsequently, on 20/10/2023, the appellant herein caused to file notice of appeal and lamented that his sentence of 12 years imprisonment awarded him by the Kpando, Circuit Courtdated 27/10/2019 wasexcessive. The appellant was sentenced forthe offence ofstealing. 2 The appellant does not contest his conviction. The appellant prays that being a first time offender, the court may have mercy on him and mitigate his sentence of 12 years to a lesser sentence. The Republic through the learned State Attorney Joseph Opusumah caused to file written submissions notopposing theinstant appeal. Referring the court to some case law, the learned State Attorney held the view that the sentence of the appellant to 12 years imprisonment was manifestly excessive having regard tothe value ofthe item. Having perused the record of appeal before me, I agree with learned counsel for the appellant that the sentence of 12 years imposed on the appellant by the said Circuit Court wasabit harsh and excessive. Itherefore set aside the said sentence of12yearsimposed ontheappellant. Irathersubstitute asentence offive (5)yearsinaplace oftheoriginal sentence. The appeal thereforesucceeds. (SGD.) H/LJUSTICE YAWOWOAHENE-ACHEAMPONG JUSTICEOF THE HIGH COURT eve 3