NICHOLAS ARYEE & ORS VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The 1st and 2nd accused were arraigned before the Circuit Court on charges of defilement, compulsion of marriage, householder permitting defilement, and abetment of crime. They pleaded guilty and were sentenced to imprisonment and fines. They appealed, arguing procedural errors including lack of legal counsel and failure to ascertain the victim's age. The appellate court held that the trial judge acted within legal boundaries, upheld the convictions, and dismissed the appeal.
The 1st and 2nd accused/Appellants herein and one other were arraigned before the Circuit Court Amasaman on the 9th of December 2021 wherein they were charged with the following offences: COUNT ONE A1 - Defilement of female under sixteen (16) years of age contrary to Section 101 of the Criminal Offences Act 1960 Act 29 COUNT TWO A1: Compulsion of marriage contrary to Section 109 of the Criminal Offences Act 1960/Act 29. COUNT THREE A2- Householder permitting defilement of child on his premises contrary to Section 106(1) of the Criminal Offences Act 1960, Act 29 COUNT FOUR A2- Abetment of crime to wit compulsion of marriage contrary to Section 20(1) of Act 29/60 COUNT FIVE A3- Abetment of crime to wit compulsion of marriage contrary to Section 20(1) of the Criminal Offences Act 1960/29. Upon appearing before court, their pleas were taken after the charges were read and explained to them in the GA language and the appellants herein that is A1 and A2 pleaded guilty to all the charges.
The court convicted them on their guilty plea and adjourned the matter for sentencing.
On the 16th of December 2021, the court conducted a pre sentence hearing and then sentenced the A1 to seven (7) years imprisonment on Count one (1) and on count two (2) to a fine of 100 penalty units in default one (1)month imprisonment.
The A2 was sentenced to seven (7) years imprisonment on count three and a fine of 100 penalty units on count four (4) in default one (1) month imprisonment.
It is against this judgment that the appellants filed the instant appeal on the 12th of January 2024 pursuant to leave granted by the High Court praying the court to quash the whole judgment delivered by the trial Circuit Court on the 9th day of December 2021. GROUNDS OF APPEAL The grounds of appeal filed are that: A. That it was wrong in law for the judge to have heard the plea of the Accused without making the Accused aware of thier right to Counsel of their Choice considering the grave nature of the offences charged B. That the Trial Judge carried out a substantial miscarriage of justice by not ascertaining the age of the alleged victim by a certified Medical Doctor’s Report before taking the plea of the accused and sentencing them.
C. That there was substantial miscarriage of justice when accused persons were found guilty of the crimes as charged of an alleged victim who was above the age of consent at the time the alleged offence was purported to have taken place without ascertaining for itself t