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RULING
The Applicant herein was put before the Circuit Court (Child-Friendly Gender-Based Violence Court), Accra on the charge of PHYSICAL ABUSE by Squeezing the neck of his wife contrary to Section 1 (b) (i) and 3 (2) of the Domestic Violence Act, 2007 (Act 732). He pleaded Not Guilty, went through a full trial and was subsequently convicted and sentenced on 27th November 2024.
The sentence meted out to the Applicant was a two (2) year term of imprisonment with an additional fine of 200 penalty unit and/or in default serve a one (1) month imprisonment. The Applicant was also required to pay an amount of 500 penalty unit to the complainant as compensation. He was also to pay the complainant’s medical bills that are related to the assault in issue.
Again, the Applicant was to be enrolled to a work programme and counselling during his term of imprisonment. Final protection orders were made by the trial Court and they were for the Applicant and his family members not to commit any act that offends the Domestic Violence Act against the complainant and the children. The Applicant was also to stay 200m away from the complainant whether the children was with her or not.
The Court finally ordered that the Applicant should have access to the children but outside their home as determined by the Family Tribunal and Prison authorities.
THE NOTICE OF APPEAL
Dissatisfied with this decision, the Applicant filed a Notice of Appeal on the 30th January 2025 pursuant to an Order for an Extension of Time.
The Grounds of Appeal were as follows:
a) The conviction was unreasonable and cannot be supported having regard to the evidence adduced at the trial
b) That the maximum sentence of 2years together with a fine imposed on the Appellant/Applicant is excessive and harsh
c) That the learned trial judge erred in law when she relied on a report issued by Physician Assistant and not a registered Medical Practitioner contrary to the provisions of the Health Professions Regulatory Bodies Act, 2013 (Act 857)
d) That the trial learned judge erred in law when she considered hearsay evidence by the PW1/Complainant that the Appellant/Applicant had previously assaulted her in fact there were no previous convictions of the Appellant relating to those assaults.
Further grounds were to be filed upon receipt of the record. The said Notice of Appeal has been served on the Office of the Attorney General and an affidavit in opposition filed on the 24th February 2025.