The State has expressed its intention to challenge the recent court decision regarding the sentencing of Chinese national Aisha Huang, a prominent illegal miner.
Huang was found guilty of mining without a license and sentenced to four and a half years in prison, along with a GH¢48,000 fine.
Attorney General Godfred Dame aims to test the soundness of the trial court’s decision, specifically the application of the Minerals and Mining (Amendment) Act, 2015 (Act 900), to Huang’s case.
He plans to file an appeal at the Court of Appeal, seeking to ensure that the new sentencing regime introduced by the Minerals and Mining (Amendment) Act, 2019 (Act 995), is applied.
The recent conviction marked a shift in legal regimes, as the previous charges against Huang had been prosecuted under the older legal framework, resulting in a maximum sentence of four years.
The new Act imposes significantly harsher penalties, including a jail term of over 20 years for similar offenses.
While acknowledging the efficiency of the justice delivery system in Huang’s trial, the Attorney General aims to align the sentencing with the updated legal provisions.
In a statement issued on Tuesday, Mr. Dame urged the public, including lawyers, to be cautious in their comments on the case. He emphasized the importance of avoiding comments that could jeopardize the administration of justice and undermine the broader fight against illegal mining (galamsey).
The development sparks a crucial discussion on the intersection of legal frameworks, sentencing disparities, and the ongoing battle against illegal mining in Ghana.
As the Attorney General seeks to navigate this legal crossroads, public reactions and discussions play a pivotal role in shaping perceptions of justice and its effectiveness in tackling environmental crimes.
SOURCE: DAILY MAIL GH
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