THE REPUBLIC V WIAFE AKENTEN (105/25) [2025] GHACC 39 (8 January 2025)

IN THE CIRCUIT COURT, OFFINSO, ASHANTI REGION, HELD ON 8TH JANUARY 2025, BEFORE HIS HONOUR PAUL ODURO ESQ. COURT CASE NO: 105/25 THE REPUBLIC VRS 1. WIAFE AKENTEN THOMAS 2. KING OSEI STEPHEN JUDGMENT The accused persons were arraigned before this Honourable Court on 29th November 2024 on two counts of offences: Conspiracy to commit crime, namely, carrying offensive weapons contrary to Sections 23 (1) and 206 (1) of the Criminal Offences Act, 1960 (ACT 29) and carrying offensive weapons contrary to Section 206 (1) of the Criminal Offences Act, 1960, (ACT29). They pleaded not guilty to the charges and were admitted to bail. However, they could not find sureties for their bail. The brief material facts of the case as presented by the prosecution are as follows: The complainant, Nana Kwabena Yeboah 54 years old is a building contractor and also aids the paramount Chief of Offinso, Nana Dwamena Akenten II. A1, Wiafe Akenten Thomas is a labourer whiles A2 King Osei Stephen is a driver’s mate. On 28th November 2024 about 12:15 pm during the funeral of the late Offinso Manhene, Nana Wiafe Akeneten III, the 1 accused persons were seen forcing their way into the private residence of the current Offinso Manhene at Old Education junction, Offinso wielding offensive implements threatening and demanding to see the Omanhene and one Nana Kwaku Wiafe the Okyeame to the said Offinso Manhene. In the process, the accused persons were arrested and when they were searched, a cutlass wrapped with a cello tape with a pair of scissors attached to the end of the said cutlass making it more fearful was found on A1. A toy gun was also found on A2. They were brought to the police station and a further search revealed two (2) pairs of scissors on A2. In their investigation cautioned statements in the presence of an independent witness, they admitted the offence. After investigations, the accused persons were charged and brought before the Court. As ordered by the Court, the Prosecution filed their disclosures on 6th January 2025 and served same on the accused persons. During proceedings on the said 6th January 2025, the accused persons intimated to the court that they intend to change their plea. The court granted their request and they pleaded guilty with an explanation. However, their explanation did not sound convincing and the Court entered a guilty plea to the accused persons on both counts. The Court accordingly convicted them of the offences charged and deferred their sentencing to 8th January 2025. The convicts were charged under sections 23 (1) and 206 (1) of Act 29, 1960. The punishment for conspiracy is provided for under section 24 (1) of Act 29, 1960 as follows: 2 “Where two or more persons are convicted of conspiracy for the commission or abetment of a criminal offence, each of them shall, where the criminal offence is committed, be punished for that criminal offence, or shall where the criminal offence is not committed, be punished as if each had abetted that criminal offence”. The punishment for carrying an offensive weapon is also provided in section 206 (1) of Act 29 as follows: “Any person who, without lawful authority, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of a misdemeanour”. In passing the sentence, the court took into consideration the plea of mitigation by the convicts and the prosecution’s plea of aggravation. The court noted that the accused persons are first-time offenders and are youthful. They appeared remorseful. They have spent one month and ten (10) days in prison custody after they failed to find sureties for their bail. The court also considered the plea of mitigation by the prosecution and the fact that the offences in question have become prevalent within the jurisdiction of this court and same needs to be curtailed and the life of the current chief of Offinso has been under constant threat ever since he was enstooled. In light of the above, the court hereby sentences both accused persons to pay a fine of 400 penalty units each on count one (conspiracy) and in default six months imprisonment IHL. On count two, which is carrying offensive 3 weapons, both accused persons are sentenced to pay a fine of 400 penalty units each and in default six months imprisonment each IHL. All the sentences shall be concurrent. The purpose of the sentence is to reform the convicts. SGD PAUL ODURO (CIRCUIT COURT JUDGE) ACCUSED PERSONS, PRESENT. CHIEF INSPECTOR J.N. TABUS FOR PROSECUTION 4