JUDGMENT
The appellant is serving a sentence of 15 years’ imprisonment having been convicted of the offence of defilement contrary to section 8(4) of the Sexual Offences Act. His first appeal before the High Court was disallowed both on conviction and sentence. He is before us on a second appeal.
At plenary hearing, the appellant clarified that his appeal was against sentence only. In view of that, our role as a second appeal court is circumscribed by the provisions of section 361(1) of Criminal Procedure Code which reads;
Second appeals
(1)A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction on a matter of law, and the Court of Appeal shall not hear an appeal under this section -
a. on a matter of fact, and severity of sentence is a matter of fact; or
b. against sentence, except where a sentence has been enhanced by the High Court, unless the subordinate court had no power under section 7 to…