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EMMANUEL AGYARE v. THE REPUBLIC

2021

COURT OF APPEAL

GHANA

CORAM

  • 1. ANGELINA M. DOMAKYAAREH (MRS.) JA. (PRESIDING)
  • 2. A. B. POKU-ACHEAMPONG, JA.
  • 3. SAMUEL K.A. ASIEDU, JA

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This criminal appeal from the High Court of Kumasi concerns a security guard employed by Mangada Security Company and stationed at Kiravi Restaurant who, with accomplice Vincent Awuni, robbed and sexually assaulted a 14-year-old resident. After trial, the High Court acquitted the co-accused but convicted the appellant of robbery, conspiracy to defile, and defilement, imposing a 20-year sentence. On appeal, counsel largely abandoned challenges to conviction, arguing only mitigation based on alleged reform and remorse. The Court of Appeal, per Asiedu JA, noted parts of the defense record were missing but immaterial, affirmed that knives and a machete are offensive weapons under Act 29, and reviewed sentencing principles and statutory minima. Emphasizing aggravating factors including breach of trust by a security guard and the vulnerable victim, the Court held the sentence was not harsh or excessive, admonished that unproven post-conviction reform is not a ground for reduction, and dismissed the appeal, with Domakyaareh JA and Poku-Acheampong JA concurring.

JUDGMENT