KWABENA KRAH vs THE REPUBLIC

This is an appeal against sentence by the Appellant. The Appellant aged 25 was charged for defiling a 9 year old child under section 101 of the Criminal Offences Act 1969 [ACT 29/60] . He pleaded guilty and was sentenced to maximum 25 years stipulated by the law. His only ground of appeal is that the sentence was harsh and prays for a reduction.

Arguing the appeal Learned counsel for the Appellant submitted that the should considered the age of the Appellant, the fact that he was a first offender, not known to the law and the fact that he did not waste the court’s time. He therefore submitted this court should tamper justice with mercy and reduce the sentence.

In response the Learned Assistant State Attorney submitted that she has taken notice of the fact that the Appellant did not waste the court’s time and that the Appellant was a young person and a first offender, however this court should also take into consideration the age of the victim and the fact that her innocence has been taken away from her.

From Exhibit “A’ that is the proceedings it appears that the trial Judge was infuriated by the Appellant’s statement that the victim forced him to have sex with him. That provocative statement should not have pushed the learned Judge to imposing the maximum sentence. That statement shows how immature the Appellant is. He is a young offender and the imposition of the 25 years would practically take away his life having regard to the living conditions in our prisons. As rightly conceded by the learned Assistant State Attorney the sentence was excessive and I am disposed to reducing same. I therefore reduce the sentence of 25 years to 8 years imprisonment in hard labour.

(SGD)

KWAME GYAMF IOSEI

JUSTICE OF THE HIGH COURT

TECHIMAN