CHRISTIAN MENSAH VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a three-year detention sentence imposed on a juvenile offender for conspiracy to commit crime and defilement. The High Court considered factors such as the seriousness of the offense, the Social Enquiry Report, and the appellant's status as a first-time offender. While acknowledging that the trial magistrate exercised proper discretion, the court found the maximum sentence somewhat harsh. Considering the appellant's guilty plea, remorse, and the need for reformation, the court reduced the sentence to twelve months detention. The case highlights the delicate balance between punishment and reformation in juvenile justice, emphasizing the importance of judicial discretion in sentencing.
This is an appeal against the sentence imposed by the juvenile court presided over by Her Worship Juliana S. P. Mensah in her order dated 25th October, 2023 wherein it was ordered that based on the Social Enquiry Report, the Appellant be detained at the Senior Correction Centre for the next three (3) years.
The Appellant was convicted on his own plea to the charges of conspiracy to commit crime to wit, defilement contrary to sections 23 and 101(2) of the Criminal Offences Act, 1960 (Act 23) and Defilement contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 23). The brief facts of the case leading to the charges and subsequent conviction of the Appellant are that on 5th August, 2023 at 10: 30pm the Appellant and one Randy Quayson (that is, the juveniles before the Juvenile Court) sneaked into the hostel of the survivor and they had sexual intercourse with the survivor in turns.
In the course of the act, the juveniles were caught red-handed by a teacher.
However, before the teacher could take the juveniles to the headmaster (the Complainant), the juveniles escaped into a nearby bush.
The next day, 6th August, 2023, the complainant, with the assistance of some of his teachers arrested the juveniles, handed them over to the police and lodged a complaint against them.
Police medical reports were issued to the complainant to take the survivor for medical examination which has been duly endorsed by a medical officer.
The juveniles in their caution statement admittd the offence in the presence of their parents.
Upon these facts, the juveniles were arraigned before the Juvenile Court, Abura Dunkwa on the charges spelt out supra.
The Appellant pleaded guilty to all charges and was thus convicted and sentenced to a Three (3) year detention at the Senior Correction Centre.
Aggrieved with the said sentence, the Appellant has appealed to this Court on the ground set out in his Petition of Appeal filed on 8th November, 2023 which can be found on page 25 of the Record of Appeal, that is, the sentence imposed by the Magistrate is harsh and excessive having regard to the fact that the Appellant is a first-time offender.
The Appellant therefore prays for a reduction of the sentence imposed.
In a writtn submission filed by Counsel for the Appellant on 4th December, 2023 Counsel contends, inter alia, that punishment should not be considered as an end in itself but a means to an end.
It must serve a purpose else it is an exercise in futility.
He further contend