KOBINA TWUM v. THE REPUBLIC
2018
COURT OF APPEAL
GHANA
CORAM
- IRENE C. LARBI (MRS), J.A. (PRESIDING)
- LAWRENCE L. MENSAH), J.A.
- A. M. DOMAKYAAREH (MRS.), J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Human rights Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Angelina M. Domakyaareh, J.A., writing for the Ghana Court of Appeal, resolved an appeal by a fridge repairer from Ajumako Onwane convicted of raping 22-year-old apprentice seamstress Phoebe Nartey after luring her with a taxi ride and deceptive lodging at his house near Mando/Ekumfi Essarkyir. The court declared the first ground of appeal—an allegation that the conviction was “unmerited” and an affront to fair trial—incompetent and, alternatively, unmade. It undertook a thorough review of the record, emphasizing the statutory elements of rape under Sections 97 and 98 of Act 29 and the standard of proof beyond reasonable doubt. The court credited corroborating circumstantial evidence, including a contemporaneous phone recording in which the appellant acknowledged intercourse and directed the victim to wash away signs, medical observations of genital bruises, and testimony resolving alleged inconsistencies. Affirming the unanimous jury verdict and conviction, the court rejected the “frame-up” claim. On sentencing, it applied Article 14(6) of the 1992 Constitution, subtracting 1 year, 2 months, and two weeks of pretrial custody from the 15-year term, varying the sentence to 13 years, 9 months, and two weeks. Judges Irene C. Larbi and Lawrence L. Mensah agreed.
J U D G M E N T
A. M. DOMAKYAAREH (MRS), J.A
1. This is an appeal against the judgment of the Cape Coast High Court dated 7th November 2013. In the said judgment, the appellant herein who was charged with the offence of rape contrary to Section 97 of Act 29/60 as amended by Act 554/98 was convicted of same and sentenced to 15 years Imprisonment with Hard Labour.
2. The facts of the case as presented before the trial High Court are that the victim (PW1) is one Phoebe Nartey who is an apprentice seamstress at Breman Asikuma, whilst the accused (appellant herein) is a fridge repairer who lives at Ajumako Onwane. On 23rd August, 2012 at about 9.00 pm, the victim was on her way from Gomoa Maim where she had gone to see her father. She was waiting at Ekumfi Essarkyir for a vehicle to board on her way back when the accused appeared in a Tico Taxi cab and offered her a lift. At Mando the appellant told the victim that he was not proceeding further. The victim had to alight and try catching another vehicle. She could not get another vehicle and the accused who was still around told the victim that it was going to be difficult for her to get a vehicle at that time of the night and so she should go and pass the night with his own children in their room. The victim joined the accused to his house only to realize that there were no children in the room that the accused allocated to her. The accused then asked the victim to allow him to have sex with her but she refused. The accused persisted in trying to have sex with the victim but she still refused and pleaded with him that she was in her menstrual period. The accused still persisted and in the process, tore the victim’s panties and had non-consensual sex with her.
3. After the act, the accused provided the victim with a bowl of water to wash her vagina. The accused then gave the victim’s phone back to her. The victim, on putting her phone on, took advantage and activated the recording on her phone to record what happened between the accused and herself. Early the following day, 24th August 2012 the accused offered to drop the victim at Ajumako as he was on his way somewhere else. The victim immediately proceeded to Breman Asikuma and told her father what the accused had done to her. That very day, the father of the victim (PW4) accompanied her to the Ajumako Police Station to lodge a complaint. The Police took custody of the victims torn panties and retrieved the recording of what took place between the victi