MPALU BIASMI NJA @ NTEKPEL vs THE REPUBLIC

The Appellant was arraigned before the Circuit Court, Techiman for defiling a five year old child. He pleaded guilty simpliciter and was duly convicted on his own plea of guilty and sentenced to 15 years I.H.L. The facts presented by the Prosecution was that on the 6th of February 2022 at about 10am the Appellant who is the Landlord of the victim’s parents was alone with the victim in the house. The Appellant took advantage of the absence of the victim’s parents and defiled her. After the act he gave the victim GHC2.00. When the father of the victim came to the house he noticed some changes in the movement of the victim and questioned her. She then narrated her ordeal to the father. A report was made to the police leading to the arrest of the Appellant. A medical report form was issued for the victim medical examination. The report confirmed that the victim had been known sexually known. The Appellant has appealed to this court and the sole ground is that “ the sentence was harsh and excessive having regard to the circumstances”

Arguing the appeal counsel for the Appellant submitted that the sentence was lawful as same was within the 7 to 25 years custodial sentence stipulated by the law. He however said that having regard to the age of the Appellant coupled with his health condition this court should tamper justice with mercy and reduced the sentence as the appellant showed remorse by admitting the offence thereby not delaying the time of the court. He said the Appellant has learnt his lessons and would not commit any such offence or a criminal offence if the sentence is reduced and he get the chance to see the world again.

According to counsel his punishment has sent the right signals to would- be offenders hence the deterrent purpose of punishment has been achieved. Counsel concluded by saying that if this appeal is not upheld he prays the court not to increase the sentence.

Counsel referenced the case of ODONKOR vrs THE REPUBLIC [1967] GLR 690.

The punishment for the offence of defilement is a custodial sentence from 7 years to 25 years. Section 101 (2) of the Criminal Offences Act 1969 [ACT 29/60] fix the punishment as follows;

“ (2) Whoever naturally or unnaturally carnally knows any child under sixteen years of age, whether with or without his or her consent commits an offence and shall be liable on summary conviction to imprisonment for a term of not less than seven years and not more than twenty-five years.”

As rightly conceded by Coun