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BEQUE DEKOLO
V.
THE REPUBLIC

(2017) JELR 66247 (CA)

Court of Appeal 27 Jun 2017 Ghana
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- The appellant and another person were convicted of conspiracy to commit a crime and defilement. - They were sentenced to 20 years imprisonment with hard labor on each count. - The appellant appealed to the High Court, but his appeal was d

Case Details

Suit Number:CRIMINAL APPEAL NO: H2/2/2017
Judges:HONYENUGA J.A. (PRESIDING), GYAN J.A., SUURBAAREH J.A.
Counsel:MISS PAT KLINOGO CHIEF STATE ATTORNEY FOR THE RESPONDENT,MR. MICHAEL MONNIE FOR THE APPELLANT

JUDGMENT

HONYENUGA, J.A.

The appellant and another were convicted by the Circuit Court, Tarkwa on the 3rd February, 2004 on the offences of conspiracy to commit crime contrary to section 23 of the Criminal Offences Act, 1960, (Act 29) and defilement contrary to section 101 of the Criminal Offences Act, 1960 (Act 29) as amended by section 101 of Act 554, 1998. The appellant like his accomplice were sentenced to 20 years imprisonment with hard labour on each count but on an appeal to the High Court, Sekondi, his appeal was on 4th April, 2006 dismissed and his sentence enhanced to the maximum sentence of 25 years imprisonment with worse strenuous labour imaginable.

The facts of this appeal were that on the 13th November 2003, at about 6pm, the complainant, a fifteen year old JHS pupil went to sell rice at Omanpe/Abochie. At about 6.30pm, the complainant set off to go back home and on the way, she saw the appellant and the convict following her. The convict proposed love to her but she infor…

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