Case Brief:

Abu and Others v. The Republic [1980] GLR 294 (High Court from District Magistrate)

Parties:
Abu and 3 others are the appellants
The Republic is the prosecutor/respondent

Summary of Facts:
Appellants charged with planning to and engaging in the theft of 30 cement bags from the
Messrs. A. Lang Ltd. First two appellants were given a prison term of 3 years 8 months with
hard labour. Last two appellants were given a prison term of 3 years with hard labour.
Appellants’ challenging ruling of circuit court in terms of their charge and punishments
levied against appellants.

Issue(s):
I. Whether or not charges against appellants are legally invalid?
II. Whether or not punishments levied against appellants are excessive?

Holding(s):
I. They aren’t as for example, with in the case of the second appellant, he was not
guilt-free like it was argued as he caused the headlights to go off and drove the
truck quietly into company’s premises.
II. Yes, they were as:
a. They failed to represent the magnitude and characteristics of the acts of the
individual offenders in this organised crime
b. They had all committed an offence for the first time
c. Stolen cement was repaid in monetary terms
d. Dire economic circumstances at that time made their acts reasonably
foreseeable

Conclusion:
Appeal against conviction failed, in terms of punishments successful.
First appellant: 3yrs with hard labour to 6 months with hard labour &9 months with hard
labour. Second appellant: 3yrs with hard labour to 6 months & 6 months. Third appellant:
3yrs with hard labour to 9 months. Fourth appellant: 3yrs with hard labour to 12 months