The Republic vrs Frederick Gyamfi (D8/02/2024) [2024] GHACC 132 (25 January 2024)

IN THE CIRCUIT COURT HELD AT AKROPONG ON MONDAY THE 25TH DAY OF JANUARY, 2024 BEFORE H/H NANA ADWOA SERWAA DUA-ADONTENG OFORI SITTING AS THE JUDGE CASE NO.D8/02/2024 THE REPUBLIC VRS FREDERICK GYAMFI JUDGEMENT Prosecution represented by: D/I Alexander Agbekpornu Accused person is self-represented CHARGE The Accused Person was charged with the offence of Causing Unlawful Harm, contrary to section 69 of the Criminal Offences Act, 1960 (Act 29), that on the 23rd day of January, 2024 about 9:00 at Abuakwa D.K.C in the Ashanti Region and with the jurisdiction of this court did cause harm to Peter Kofi Amoah. FACTS The complainant, Peter Kofi Amoah is a farmer whereas Frederick Gyamfi is a barber. All staying PLEA The court read and explained the charge against the accused person to him and proceeded to also let him know the various pleas available to him and the consequence of taking each plea. During the proceedings, the accused person took his plea in Twi language and spoke Twi during the entirety of the trial The accused pleaded Guilty Simpliciter to unlawfully causing harm to Peter Kofi Amoah. FACTS CONVICTION Having pleaded Guilty Simpliciter the court Convicted the accused on his Own Plea for the offence of Unlawfully causing harm. PRE-SENTENCE HEARING The Offence of unlawfully causing harm is a second degree felony. In considering the seriousness of the offence in respect to this case, the court looked at the extent of injury suffered by the victim. The court noted that the victim, who was also the complainant, appeared b in court with plaster and bandages all over his head and face. The medical report submitted by the prosecution confirmed the injuries suffered by the victim. Premeditation: The facts by the prosecution indicate that the accused saw the complainant, approached him with the scissors and when the complainant began to flee sensing danger, the accused person pursued him with the scissors until the complainant fell down and the accused person stabbed him. Age of offence: The offence occurred two days before the accused was arranged before court. Accused: Aged, mentally stable but appeared nervous in court. Showed a somber disposition in the dock. Vulnerability – Accused person is the step son of Complainant and lives with him. Where is the Accused person’s mother? Who else lives with them? Effect on victim’s family: Victim is step father of Accused person. He appeared in court with visible band aids to head and face. Victim is quite aged and looked frail in court. Personal statement of victim: Victim: When was the last time you went to the hospital, when are you going back? Victim: Aged years Job: Farmer Previous conviction: The court inquired from the prosecutor if Accused person is known to the law and the prosecutor said No, Accused person is not known to the law and has no prior conviction. Role played in offence: Direct role in the commission of the offence. Facts indicate premedication on the part of the Accused person. Provocation: Facts indicate he got provoked because the victim was able to get out of the house which the Accused person had locked. Is there disability on the Accused? Influence of drinks or drugs? Accused person have anything to eat or drink before the incident occurred? Public interest: Deterrence to ensure such an incident does not occur again but there is no evidence of an upsurge of such offenses. Discount for early Guilty plea Only one offence. Time spent in custody – remanded on Friday 25th January and sentenced on remand 29th CT Inform of right of appeal Sentence: Accused person is 21 years old. Sect 69 of the Act 30 passes Causing Harm as a second degree felony is a max sentence of up to 10 years and under Section 300 up to 14 years. However Section 70 says if an offensive weapon is used the offence shall be deemed to be a first degree felony. Level of Harm: Medical Records and pictures Ocular Assessment Premeditation: Revenge attack from the brief facts AGGRAVATING FACTORS Age disparity of 21 years and...your influence of drink or drugs – not known to the court. Does with intent – pursued him till the victim fell on the attack. Long duration: Several band aids. Medical records indicate.... Permanent harm or deformity: High degree of fear: Yes, Victim flew. MITIGATION FACTORS: Spur of moment: Incident happened with a few hours of parties having a misunderstanding per facts. Influence of drinks or drugs: none available to the court. Paid bills, compensation: none available to court. Only one offence charged. Sentence level: I find that there are some aggravating factors and some mitigating factors. Maximum sentence is not necessary in this case because Accused is not a repeat offender and the case does not provide incidence of the worst case scenario. There are no breaches of Order/bonds against the Accused person. Time: Accused person is a barber. What is his educational background? How long has he been a barber? Does he work for himself or for somebody? How much does he make on the average in a day, week or month. ALLOCUTION BY THE ACCUSED PERSON I ask for the court to forgive me. I don't know what came over me to do that. SENTENCE By court: By the balancing of the aggravating factors and mitigating factors, I find that the harm caused is medium harm with small non deforming permanent harm. I sentence Accused person to 5 (five) years in prison for the offence of causing harm. H/H NANA ADWOA SERWAA DUA-ADONTENG OFORI CIRCUIT COURT, AKROPONG