The Republic vrs Paul Boamah (D3/08/2024) [2024] GHACC 139 (14 March 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG, JUDGE SITTING AT AKROPONG CIRCUIT COURT AT 14TH MARCH, 2024. CASE NO: D3/08/2024 THE REPUBLIC VERSUS PAUL BOAMAH @ AGITO FINAL JUDGEMENT Prosecution Represented by: Inspector Evans Ayambisa Accused Person is self-represented. CHARGES Count One: Unlawful Entry On 7th March, 2024 at Bokankye in the Ashanti Region and within the jurisdiction of this court did unlawfully enter the house of Osei Enoch Kelvin intent to commit crime therein to wit, stealing. Count Two: Causing Harm On 7th March, 2024 at Bokankye in the Ashanti Region and within the jurisdiction of this court, did intentionally and unlawfully cause harm to Osei Enoch Kelvin. Count Three: Possession of Firearm without Authority On 7th March, 2024 at Bokankye in the Ashanti region and within the jurisdiction, did have in your possession FN Herstal Belgium prop pistol without authority. PLEA The court explained the charge to the accused person in English and the same was interpreted to him in Twi, his language of choice. The court prior to taking the accused's plea explained the various pleas available to him and the consequence of taking each plea. The accused person pleaded Guilty Simpliciter to count 1 the offence of Unlawful Entry. The accused person pleaded Guilty Simpliciter to count 2 the offence of Causing Harm. The accused person pleaded Guilty Simpliciter to count 3 the offence Possession of Firearm without authority. FACTS Complainant Osei Enoch Kelvin is an electric technician living at Bokankye. Accused Paul Boamah @ Agito is unemployed and lives at Atwima-Koforidua. On 07/03/2024 around 1150 hours, the complainant was in his room when he heard an unusual noise on the ceiling. He immediately entered his verandah and found the accused lying on the ceiling joints. He raised an alarm for help and the accused on realizing that pointed a pistol at the complainant and ordered him to keep mute. The accused threw a pistol magazine at the complainant which landed on his head and resulted in a deep cut. The complainant was not perturbed and kept on raising an alarm for help. Some people around responded to the alarm. The accused upon seeing the people approaching ran into a nearby bush. The mob pelted stones into the bush and it compelled the accused to come out from his hiding place holding FN Herstal Belgium pistol without the magazine. He was eventually arrested by the mob and was subjected to severe beatings. He was brought together with the exhibit pistol to the station. Both complainant and the accused were taken to the hospital for treatment. The accused in his investigation caution statement admitted the offences and mentioned that he stole the pistol from a house he earlier in the day burgled. On 09/03/2024, the accused led police to the place at Abuakwa-Dadease new site and met Mary Kusi who confirmed that on 07/03/2024 their house was burgled. She disclosed to police that her husband Thomas Kusi has a prop pistol which was among some second-hand toys her husband deals with and that was the only thing stolen from their house. Investigation disclosed that, on 7/3/2024 around 0930 hours, the accused broke into the house of the complainant with intent to steal. He was eluded by luck and in an attempt to escape he hit the complainant with the magazine of the pistol and he sustained a cut on his head. The accused ran into a nearby bush but he was pursued by a mob and was eventually arrested and handed over to the police. After investigation, he was charged with the offences and now before you. Thomas Kusi is yet to report upon invitation to assist with investigation. CONVICTION ON OWN PLEA (COP) Having pleaded Guilty Simpliciter to all three counts to wit; Unlawful Entry, Causing Harm and Possession of Firearm respectively, the Accused person is convicted on His Own Pleas for all three charges. PRIOR CONVICTION No evidence was presented to the court that the Accused Person has any prior criminal conviction. PLEA OF MITIGATION The court inquired of the Accused Person to allocute for the offence he had been found guilty and convicted. ‘I plead for mercy. It was not my intention to do what I did.” PRE-SENTENCING PROCEDURE The court finds from the facts that the proper charge to have been levelled against the accused from the facts presented to the court is attempted robbery. However, prosecution insisted their investigations supported the charges levelled rather than robbery. Given that the accused has pleaded Guilty Simplicter to the charges herein and convicted of same, I shall proceed to sentence him for the offence accordingly. Prosecution raised doubt as to the accused’s age saying he was older than 20years because his father said he was 23years. The court inquired of the prosecution the reason why a proper interrogation of his age was not done before being put before the court. The court decided to interrogate the accused person of his age and he responded that he was 20 years and not 23years and his father had long abandoned him since birth and did not know anything about him. The court finds that the prosecution hastily presented the accused to the court without much investigation and save the guilty plea of the accused may not have been able to properly prosecute this case with the facts presented to the court. I shall therefore err on the side of caution and maintain the age as presented by the prosecution and deal with the accused as a young offender in line with the law. SENTENCE Having considered all factors above, particularly the facts of the case, the charges brought against him and the age of the accused person, I sentenced the accused as follows; For the offence of Unlawful Entry, three (3) years in prison For the offence of Causing Harm, three (3) years in prison For the offence of Possession of Firearm without authority, six (6) months in prison. The sentences are to run concurrently. H/H. NANA ADWOA SERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)