AUGUSTINE CRENSTIL ARTHUR vs THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant, a 17-year-old, was convicted of defilement and sentenced to 10 years imprisonment by the Circuit Court. He appealed on grounds that the trial judge failed to determine his age, violating procedural requirements, and that the sentence was excessive. The appeal court reviewed the procedural oversight, emphasizing the necessity of age determination in juvenile cases. Upon review, the court found that the trial court lacked jurisdiction and hence, the trial was nullified. The conviction and sentence were set aside, acquitting and discharging the appellant.
This is a Criminal Appeal against the Judgment of the Circuit Court dated delivered th of October 2020. The by Her Honour Dorinda Smith Arthur (Mrs. ) on the 7 Appellant was arranged before the trial court and charged on one count of defilement, contrary to Section 101 (2) of the Criminal Offenses Act 1960(Act 29). The appellant pleaded guilty simpliciter to the charge at the trial and was convicted on his own plea and sentenced to serve 10 years imprisonment with Hard Labour.
GROUNDS OF APPEAL Being aggrieved by the conviction, Appellant files the present appeal on the following grounds; 1. The Trial Judge erred in convicting the appellant before determining his age when the same was stated on the charge sheet.
2. That the sentence is harsh and excessive having regard to the fact that he is a young offender, that he pleaded guilty simpliciter and was remorseful.
BRIEF FACTS The facts of the case as presented by the Prosecution is as follows; Complainant Barikisu Mustapha is a Trader living at Jackson Street, a suburb of Cape Coast with the survivor Rashidatu Mustapha, a class 5 pupil aged 13 years old.
A1 now the Appellant; Augustine Crentsil Arthur alias Kabil aged 17 years is a student and lives at Bakaano, Cape Coast. On 2 nd October 2020, there were mourners in the complainant’s house for a funeral wake keeping.
At about 9: 00 pm, survivor who was among those people in the house suddenly disappeared and came back later in the night.
On the 3 rd of October 2020 at about 9: 30 pm, the Appellant and A2 called Baba went to the house of the complainant and lured the survivor to board their tricycle and quickly sent her to Appellant’s brother's room near Cape Coast Municipal Building.
In the said room, A1 pounced on the survivor who was then seated on the bed.
He raised her dress and removed her pants, managed to pull his Jeans trousers down to his knee level and inserted his erected penis into her vagina and had sexual intercourse with her until ejaculation.
Afterwards, Appellant dressed up but warned survivor not to dress up and that he was going to buy food for her.
Immediately Appellant went out, A2 also went in and met the survivor with her dress on but no pants on and he undressed himself, held his erected penis into the survivor's vagina and had sexual intercourse with her until ejaculation.
Later, Appellant came in and threw the survivor out of the said room, locked it and slept.
Meanwhile, two of Appellant's friends A3 Faiza and A4 Abo