WONDER NWANI
V.
THE REPUBLIC

(2021) JELR 109006 (CA)    
Court of Appeal  ·  H2/22/2021 ·  22 Jul 2021 ·  Ghana
CORAM
SOWAH J.A. (PRESIDING), OPPONG J.A., MENSAH-HOMIAH J.A.
Core Terms Beta
appellant
sentence
court
appeal
grounds of appeal
appellate court
trial judge
mitigation of sentence
trial court
years ihl
appellants
appellate tribunal
circumstances of the case
exercise of discretion
high court
intrinsic seriousness of the offence
j. a.
lower court
period of time
year
aggravating factors
angelina mensah-homiah
appeal court
clear conclusion
conditions of detention
discretion of the appellate court
discretion of the court
discretion of the trial court
exceptional circumstances
exercise of our discretion
family friend
first time offender
honourable courts' time
judgment of the circuit court
learned judge
matter of discretion
mensah-homiah
own plea
physical disability
relevant considerations
respect of that offence
second appeal
sudden increase
supreme court
year maximum term

JUDGMENT 

SOWAH, (J.A):  

This is a second appeal from the judgment of the Circuit Court which convicted the  appellant on 18th December 2017 on two counts with defilement of an 11 year old girl  contrary to section 101 of the Criminal and other Offences Act 1960, Act 29. The  appellant pled guilty to the charges; was convicted on his own plea and sentenced to 12  years IHL. 

The appellants appeal for mitigation of sentence to the High Court was not successful.  In the judgment on appeal dated 18th February 2020, the Court did not consider that the  sentence of 12 years IHL was manifestly harsh considering the aggravating factors and  dismissed the appeal. 

In the appeal before us, the appellant is praying that we reduce his sentence to the  minimum in exercise of our discretion. His grounds of appeal are: 

1. That the sentence imposed on the appellant is harsh and excessive considering the  conditions of detention within the prison confines. Hence his plea for reduction of his  sentence…

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