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REGINA v. SISALA AND ANOTHER


  • appeal
  • 1960-04-15
  • COURT OF APPEAL
  • GLR 3-4
  • Print

KORSAH C.J., VAN LARE J.A. AND GRANVILLE SHARP J.A.


Summary

Criminal law?-Severity of sentence as burglar and receiver.

Headnotes

Sisala (a police officer) and one Frafra were convicted before Adumua-Bossman J. of burglary and stealing and sentenced to 3 years I.H.L. and 2 years I.H.L. respectively.At the same trial, Armah and Sarbah were convicted of receiving the stolen property. Sentencing Armah, who had no previous conviction, the learned judge recorded, " Bearing in mind that Armah would appear to be the only person who has profited from the night's operations, he is hereby sentenced to 5 years I.H.L." Sarbah was sentenced to 18 months I.H.L. Sisala and Armah appealed to the Court of Appeal.

Judgement

APPEAL against sentence.

JUDGMENT OF KORSAH C.J.

Korsah, C.J., delivered the judgment of the court:

With reference to the appeal of Armah against sentence, we are unable to understand why he was given a more severe sentence than Kojo Sisala, who was convicted of both burglary and stealing, while Armah was found not guilty of stealing, and guilty only of receiving. It follows that his defence that he was not concerned with the housebreaking and stealing was accepted and that he was being punished only for receiving. [p.4]

Further, we find no evidence on record to support the view expressed by the learned judge that Armah appeared to be the only accused person who profited from the night's operation.

In the circumstances, the more severe sentence passed on Armah was in our view wrong in principle. We therefore substitute a sentence of 3 years I.H.L. for the sentence passed on Armah, and it is directed that that sentence should commence from December 16, 1958 [date of arrest].

We make no reduction of sentence in respect of the first appellant (Kojo Sisala), who was an escort police constable convicted of house-breaking and stealing.

Decision

<P>Sentence of second appellant reduced.</P>

Plaintiff / Appellant

In person.

Defendant / Respondent

Glasgow

Referals

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