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IN THE MATTER OF THE REPUBLIC v. KWABENA MENSAH, EX PARTE

2018

HIGH COURT

GHANA

Areas of Law

  • Criminal Law and Procedure
  • Constitutional Law
  • Civil Procedure
  • Administrative Law

AI Generated Summary

The High Court, per Justice Francis Obiri, considered an application invoking supervisory jurisdiction to quash a Circuit Court, Kumasi sentence imposed on an 18-year-old applicant convicted of defilement of a child under Act 29. The applicant argued he was a “young offender” and should have been sentenced under the Juvenile Justice Act, 2003 (Act 653), which caps detention at three years for serious offences including defilement. The State contended the trial court imposed the statutory minimum seven years and acted within jurisdiction, and suggested appeal was the proper remedy. The High Court held that while the Circuit Court had jurisdiction to try defilement, it lacked jurisdiction to sentence a young offender under Act 29 because Act 653 is a specific, later statute that impliedly amends Act 29 for juveniles and young offenders. Certiorari thus lay to quash the sentence despite the lapse of time, and the court resentenced the applicant to three years’ imprisonment from 12 August 2016.

JUDGMENT