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ZIGAH
V.
THE REPUBLIC

(2024) JELR 113424 (HC)

High Court 16 Oct 2024 Ghana
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- The appellant was convicted in the Circuit Court, Anyinam, upon his own guilty plea, of (1) causing harm contrary to s.69 of the Criminal Offences Act, 1960 (Act 29) and (2) indecent assault contrary to s.103(2) of Act 29, and sentenced t

Case Details

Suit Number:D15/03/2023
Judges:JUSTICE CYNTHIA MARTINSON (MRS)
Counsel:Irene Sitsofe Attipoe Esq. holding the brief of Cyril Boateng Keteku for the Republic present. Isaac Aidoo Esq. for the Appellant present.
Location:Nkawkaw

JUDGEMENT

This is an appeal against the Judgment of the Circuit Court, Anyinam in the Eastern Region dated the 23rd day of March 2022. The court was presided over by His Honour Franklin Titus–Glover.

The Appellant was charged with two counts before the trial court. These are as follows:

[a] Causing Harm contrary to section 69 of Act 29.

(b) Indecent Assault, contrary to section 103[2] of Act 29

On 23/3/2022, the Appellant pleaded guilty on both counts. He was convicted on his own plea and sentenced as below:

Count 1- "Accused person is sentenced to 60 months [IHL]

Count 2- "Accused person is sentenced to 36 months [IHL]

"The sentences are to run concurrently‟.

It is the sentence of the Appellant that has given birth to this appeal.

The law is settled that, an appeal be it civil or criminal is by way of rehearing. This means, the appellate court is entitled to examine or review the entire record of proceedings including the judgment, decision or the order appealed against. After the review, the …

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