REPUBLIC VRS. DONKOR (B18/137/2021) [2024] GHACC 358 (14 November 2024)

IN THE CIRCUIT COURT ‘B’ KOFORIDUA IN THE EASTERN REGION OF THE REPUBLIC OF GHANA HELD ON THURSDAY THE 14TH DAY OF NOVEMBER 2024 BEFORE HER HONOUR MRS. MATILDA RIBEIRO, CIRCUIT COURT JUDGE_____________________ CC No. B18/137/2021 THE REPUBLIC Versus. 1.KWABENA DONKOR 2.YAW MENSAH —————————————————————————————————-------------- JUDGMENT- PLEA BARGAINING AGREEMENT —————————————————————————————————————— This is a judgment of the Court affirming a Plea-Bargaining Agreement between the Republic and the two Accused persons herein. By a substituted charge Sheet filed on the 3rd day of February 2021, the first accused person is before the Court on a charge of Possession of firearms without licence contrary to section 11(1)(a) and 26(1)(a) of the Arms and Ammunitions Act, 1972 (NRCD 9) whilst the 2nd accused person is charged with Transfer of fire arm without lawful authority contrary to sections 3 and 26 of the Arms and Ammunitions Act 1972 (NRCD 9). On the 13th day of June 2018 at about 2:15am, the 1st accused person who is said to be a resident of Akyem Asanteman and a member of the Neighbourhood Watch Dog Committee whilst in the company of another member by name Kofi Bronya is alleged to have shot one Yahaya Salia who was spotted carrying a black sheep they suspected to have been stolen. Yahaya is alleged to have pelted the two with stones as they gave him a hot chase. This angered the 1st accused person who was in the possession of a Page 1 of 4 The Republic v. Kwabena Donkor @ Anor 14/11/2024 single barrel gun, he shot and injured Yahaya in the left thigh. Upon the arrest of the 1st accused person, he mentioned the 2nd accused person as the one who gave him the gun, and this led to the arrest of the 2nd accused person. Both accused persons pleaded not guilty to the charges against them when they were arraigned before the Court. This case suffered several adjournments, but trial eventually started on the 7th day of November 2023 when the Court was reconstituted and Prosecution closed its case on the 12th day of February 2024. The matter was adjourned for the accused persons to open their defence on the 13th March 2024 at 11am but this never saw the light of day as the case once again suffered several adjournments and later, counsel for the accused persons gave an indication of their desire to enter into a Plea Bargaining Agreement with the Republic. Following which the Court was formally informed on the 15th day of August 2024 by the Office of the Attorney General. A Plea Bargaining Agreement (hereinafter referred to as PBA) executed by the parties on the 11th day of November 2024 was filed on the 13th day of November 2024 for the consideration of the Court. According to the PBA dated 11th November 2024 and filed on 13th November 2024, the accused persons through their lawyer Phidelis Osei Duah Esq. expressed their desire in entering into a PBA with the Attorney General (A-G) in respect of the charges against them. And the A-G acting through the Chief State Attorney, Eastern Region (Mrs. Emily Addo-Okyireh) agreed to their request. Following which the PBA with the following terms was executed and filed. The parties agreed among others as follows: • That the 1st accused person shall plead guilty simplicita to count 2 • That the 2nd accused persons shall plead guilty simpliciter to counts 1 Page 2 of 4 The Republic v. Kwabena Donkor @ Anor 14/11/2024 • That each accused person shall be sentenced to a fine of 300p.u to the respective charges against them. That the recommended sentence was influenced by the fact that the accused persons are first-time offenders and are not known to the law; they have been very cooperative with the police and have not participated in other crimes whilst on bail, that the accused persons were gainfully employed before the offence and are in their most productive years; the offences the accused persons are to plead guilty to have stipulated fines as punishment, the complainant has not raised an objection to the plea agreement; and the Republic is relieved of expending resources to conduct a full trial. Today, 14th day of November 2024, the accused persons under oath, each confirmed to the Court that their constitutional rights and their rights under the Criminal and Other Offences Procedure (Amendment) Act, 2022 (Act 1079) have been explained to them and that they entered into the agreement voluntarily out of their own free will. The Court having informed the accused persons that by agreeing to the PBA, they are waiving their rights to a full trial and appeal and they having each indicated their understanding and agreement to same, the terms of the PBA having been read out and explained to the accused persons in the Twi language, Prosecution having also confirmed to the Court that the consent of the complainant has been sought and he had no objection to the PBA, the Court being satisfied that the accused persons are of a sound mind, that they entered into the agreement voluntarily and that there is a factual basis for the PBA hereby accepts the PBA dated 11th November 2024 and executed by the 1st and 2nd accused persons with their lawyer on the one part and the Chief State Attorney, Eastern Region for and on behalf of the Attorney General. Each accused person has been called upon to plead to the respective charges against them. Page 3 of 4 The Republic v. Kwabena Donkor @ Anor 14/11/2024 Both accused persons having pleaded guilty simpliciter the respective charges against them as indicated at paragraph 1 of the PBA, the 1st and 2nd accused persons are hereby convicted on their own plea to the charges against each of them. The Court has also considered the recommended sentence per paragraph 2 of the PBA in the light of the prescribed sentences under sections 7 and 26 of the Arms and Ammunitions Act 1972 (NRCD 9), the mitigating and aggravating factors as per paragraph 4 of the PBA and is satisfied that the recommended sentence is appropriate. Accordingly, the 1st and 2nd accused persons are each sentenced to a fine of three hundred penalty units (300 p.u.) on each count and in default, 24 months imprisonment all to run concurrently. H/H MATILDA RIBEIRO (MRS) CIRCUIT COURT JUDGE —————————————————————————————————————— Counsel: Dickson Donkor (State Attorney) present for the Republic. Phidelis Osei Duah present for the 1st and 2nd accused persons. ————————————————————————————————————— Page 4 of 4 The Republic v. Kwabena Donkor @ Anor 14/11/2024