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IN THE MATTER OF THE REPUBLIC
V.
THE CIRCUIT COURT, KUMASI EX-PARTE KWABENA MENSAH

(2018) JELR 65806 (HC)

High Court 5 Nov 2018 Ghana
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- The High Court held that sentencing a young offender (aged 18) convicted of defilement under the general Criminal and Other Offences Act, 1960 (Act 29) (minimum 7 years) rather than the Juvenile Justice Act, 2003 (Act 653) (maximum 3 year

Case Details

Suit Number:CASE NO.D16/104/18
Judges:JUSTICE FRANCIS OBIRI
Counsel:MARY MARGARET ADJEI-TWUM FOR APPLICANT,FRANKLINA OPOKU FOR RESPONDENT

OBIRI, J.

On 7-6-18, the applicant filed motion on notice seeking to invoke the supervisory jurisdiction of this court for an order to quash the decision of the Circuit Court Kumasi, dated 12th August, 2016 which was made by her Honour Comfort Tasiame, Circuit Court judge.

The background facts of the substantive case indicate that, the applicant who was aged 18 years as of 2016, was arraigned before the Circuit Court Kumasi, on a charge of defilement of a child under 16 years of age contrary to section 101 (2) of the Criminal and Other Offences Act, 1960 (Act 29).

He pleaded not guilty to the charge and the case went through trial.

At the conclusion of the trial, he was convicted and sentenced to 7 years I.H.L. on 12th August, 2016. The applicant was convicted for having sex with the victim Serwaa Dwabeng a female age the sentence allowed by the relevant provision under the Juvenile Justice Act, 2003 (Act 653).

(10) That I am again advised and verily believed same to be true that, this Hon…

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