KWAME NKRUMAH vs THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALHAJ JUSTICE ABDULLAH IDDRISU
Areas of Law
- Criminal Law and Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In this criminal appeal, the appellant, convicted of conspiracy, defilement, and indecent assault, sought mitigation of his sentence. The High Court held that the original sentences of 20 years for conspiracy and defilement were excessive and reduced them to 12 years each. These sentences are to run concurrently from the date of remand. The court upheld the 3-year sentence for indecent assault. The court emphasized the importance of considering mitigating factors and ensuring sentences are clearly stated as concurrent or consecutive.
This is a criminal appeal by the Appellant for mitigation of sentence, otherwise for a reduction of the sentence imposed on him.
The court below tried the Appellant on the charges of conspiracy, defilement, gross indecency and indecent assault and he was discharged on the offence of gross indecency and sentenced to 20 years each on the offences of conspiracy and defilement on conviction.
He was also sentenced to a term of three years on indecent assault after he was convicted.
The appellant is not challenging his conviction on all the charges.
He is praying for mitigation of sentence.
The facts of the case are that the victim Helen Yeboah aged 13, lives at Flamingo a suburb of Dansoman with her mother Hannah Denkyi, the complainant in this case.
Whilst the 1st accused Kwame Nkrumah aged20, an auto mechanic, 2nd accused Emmanuel Asemedu aged 21 also auto electrician and 3rd accused Prince Yeboah now at large.
The accused persons are friends and live in the same vicinity at Dansoman Sahara.
On 26/7/12 in the evening, the victim left her mother’s residence to visit her father in Dansoman.
On her way she met the 1st and 2ndaccused fetching water near the Dansoman Sahara main road.
The 1stand 2nd accused took advantage of the victim, lured her into a church premises where the 3rd accused joined them.
The 1st accused made the victim to view a pornographic film on his mobile phone.
Later at about9: 00 pm they lured victim into one of the places where the church keeps their instrumental organ occupied by the 1st accused and had sexual intercourse with her in turns.
1st accused again inserted his finger in in the victim’s vagina.
After the act, they led victim to the Dansoman roundabout and abandoned her.
The following day whilst the complainant was on her way to her father’s house to enquire about the victim, she met her loitering around the Flamingo traffic light and when questioned she narrated her ordeal to the complainant.
A report was made to the Dansoman Police DOVVSU and victim medically examined.
The 1st and2nd accused were arrested and upon investigation they were charged before the court.
On the charges the Appellant was taken through trial, found guilty on all the charges except the charge for gross indecency, convicted and sentenced to 3 years for indecent assault and twenty (20) years on each of the counts of conspiracy and defilement.
It must be noted that the judge at the court below in sentencing the Appellant was within her juri