Customer Support

AFATSAO
V.
THE REPUBLIC

(2021) JELR 111130 (HC)

High Court 2 Jun 2021 Ghana
BriefBot icon

BriefBot Summary

Free

- The appellant was convicted and sentenced to 10 years imprisonment with hard labor for defilement of a 13-year-old girl. - The appellant filed an appeal against the sentence, not the conviction. - The appellant argued that he was a first-

Case Details

Suit Number:CASE NO. F22/62/2021
Judges:GEORGE BUADI J.
Counsel:Ms. Dina Dzifa Amefinu, Esq. (Assistant State Attorney) for Republic/Respondent; Appellant unrepresented by counsel.

JUDGEMENT 

On 11 July 2018, the Circuit Court, Ho convicted and sentenced the appellant to 10 years imprisonment with hard labour for the offence of defilement of a girl child victim aged 13 years contrary to s.101 of the Criminal Offences Act, 1960 (Act 29). Not satisfied with the 10 years sentence, and that by leave of the Court dated 28 April 2021 upon application, the appellant, who is unrepresented by counsel filed his notice of appeal on 29 April 2021; that is, just a day after the grant of the leave, and had appealed against the sentence of 10 years. 

The appellant seems to me to be satisfied with his conviction, as the appeal is not against his conviction of the offence by the trial court. The appeal is against the 10-year sentence; indeed for mitigation of the sentence on grounds that at all material time of the commission of the offence and sentencing by the trial court, he was “a first time offender”, and that “the sentence is harsh”.

The record of appeal comprises a one-page…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.