A man convicted of robbery and sentenced to 25 years in prison in 2015 has successfully appealed for a reduced sentence.
Simon Sowah, alias Mason, had pleaded guilty to the charges during his first court appearance on October 7, 2015.
He was subsequently convicted and sentenced by the Circuit Court in Accra.
Sowah was accused of stealing items that included a wedding ring, an HP laptop, a driver’s license, a voter ID card, and GHC 53 in cash.
After serving nine years of his 25-year sentence, Sowah appealed in July 2024, arguing that the original sentence was “harsh and excessive.”
High Court Ruling
On November 29, 2024, the High Court in Accra, presided over by Justice Marie-Louise Simmons, ruled in Sowah’s favour.
The court reduced his sentence from 25 years to 15 years, the statutory minimum for robbery involving the use of an offensive weapon.
Justice Simmons explained that the trial court had failed to take into account critical mitigating factors, such as Sowah being a first-time offender and his plea of guilty simpliciter, which reflects remorse and cooperation with the legal process.
“Having considered the facts, the charges, and the sentence, as well as the plea of guilty simpliciter and the submissions of counsel for the Republic, I will have the sentence reduced to 15 years, the minimum prescribed by law,” Justice Simmons stated.
The original 25-year sentence was set aside, and the new sentence will take effect retroactively from the original date of sentencing, October 7, 2015.
Case Background
Sowah had been convicted on charges of conspiracy to commit robbery and robbery. His appeal, filed on July 24, 2024, was served by the Attorney General on October 22, 2024.
Assistant State Attorney Ebenezer Yaw Acquah represented the Republic and submitted the prosecution’s written arguments on November 18, 2024.
The reduction of Sowah’s sentence underscores the importance of considering mitigating factors in criminal cases, particularly for first-time offenders who plead guilty.
This case also highlights the judiciary’s role in balancing deterrence with fairness in sentencing.
Sowah is now set to complete his sentence in 2030, marking a significant adjustment to his original custodial term.
Brief Facts
The brief facts of the case were that, the complainant was a manager of a Total Filling station at Manfi Akwapim in the Eastern Region, but was resident at Teshie Fertilizer.
It said, on the July 12, 2015, at about 1:20am whilst he was fast asleep in his house, he heard unusual noise and before he could raise an alarm, two Accused persons (a mason and a student) respectively, attacked the complainant with a cutlass.
He was also threatened with a locally manufactured pistol to surrender all his monies and any valuable goods, else they will kill him.
The Complainant who also gathered some strength to face them was subjected into severe beatings.
The Prosecution said, during the beatings, Dedzor who is currently at large and Evans serving his prison terms of 25 years pushed the complainant at a tight corner and succeeded robbing him of his wedding rings, one HP Laptop computer, his driving license, voter’s ID card and cash the sum of GHC 53.00 and run away.
The matter was reported to the Police for investigations and Accused persons were arrested in September 2015 at Nungua for a similar offense.
They led police to the complainant house of which they admitted that they were the same people who robbed him.