Legal practitioner Osei Barima has explained that sentencing under Ghanaian law is not fixed but depends largely on the severity of the offence and the posture or conduct of the accused person before the court.
Speaking on Angel FM in Kumasi, Lawyer Barima said most criminal offences come with a range of custodial sentences, allowing judges the discretion to determine appropriate punishment based on the circumstances of each case.
“There is usually a range of jail terms for every crime,” he stated. “Normally, it could be between five and fifteen years.”
He explained that even where two cases result in similar outcomes, such as death, the law still treats them differently based on how the act was committed.
“There is a difference between knocking someone down with a car and stabbing someone with a knife,” he said. “Even though death may occur in both situations, the cases are different and will be treated differently by the court.”
According to him, judges consider multiple factors before arriving at a sentence, including the seriousness of the offence, the manner in which it was committed, and the behaviour of the accused during trial.
“The court looks at the severity of the case, the demeanour of the person, and other factors that influence the judge’s decision,” he explained.
Lawyer Barima further noted that an accused person’s attitude towards the offence can either mitigate or worsen the sentence.
“Denying a crime you have committed can increase the jail sentence,” he cautioned, explaining that lack of remorse or refusal to accept responsibility may be viewed negatively by the court.
He concluded by stressing that sentencing is intended to balance justice, deterrence, and fairness, rather than applying punishment mechanically.
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