Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JOSEPH KOFI DARKO (APPELLANT)
V.
THE REPUBLIC

(2014) JELR 65478 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO. H1/11/2013 ·  28 Feb 2014 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), IRENE C. DANQUAH J.A., TANKO I. O. AMADU J.A.

Ratio Decidendi

Core Terms Beta
appellant
trial judge
trial court
instant case
grounds of appeal
matter of discretion
years of age
accused person
circumstances of the case
determination of the length of sentence
question of sentence
said sentence
appellant’s complaint
appellant’s continued incarceration
appellant’s right eye
chief state attorney
criminal offence
criminal offences act
custodial sentence
death of the victim
exercise of discretionary power
exercise of its discretion
full trial
given situation
growing blindness of the appellant
high court
humble appellant
kumasi high court
learned trial judge
length of sentence
lordship jones dotse jsc
misapprehension of fact
mother of the victim
particulars of the offence state
physical condition
plain language lord halsbury l.c.
question of appropriate sentence
said section
severe punishment
sexual intercourse
sharp vrs wakefiled
statutory maximum sentence
such failure
summary conviction
taylor vrs
term of imprisonment
victim of the crime
victim’s mother
views of the republic
written submission of the appellant

AYEBI J.A.

On the 17th March 2004, the appellant was arraigned before a Kumasi High Court on a charge of defilement contrary to section 101 of Act 29, of the Criminal Offences Act, 1960 as amended by Act 554 of 1998.

In subsection (1) of the said section 101, it is provided that “for the purposes of this Act, defilement is the natural or unnatural knowledge of a child under sixteen years of age”.

And in subsection (2) of the said s.101, it is stipulated that:

“A person who naturally or unnaturally carnally knows a child under sixteen years of age, whether with or without the consent, commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years”.

The particulars of the offence state that the appellant then aged 41 years during the month of December 2002, did have carnal knowledge of one Prisilla Tawiah then aged 11 years who is now deceased. After a full trial, the High Court on 22nd December, 2004 …

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