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JUDGMENT
1. INTRODUCTION
This an appeal against the decision of Her Honour Dora G.A. Inkumsah sitting as a Circuit Court judge dated the 4th May, 2023. The Appellant, Richmond Kweku Lutterodt was arraigned before the child-friendly Circuit Court Dovvsu Headquarters, Accra.
STATEMENT OF OFFENCE
Engaging in domestic violence to wit: Physical abuse contrary to Sections 1(b)(i) and 3(2) of the Domestic Violence Act 2007 (Act 732).
PARTICULARS OF OFFENCE
RICHMOND KWEKU LUTTERODT: A SOLDIER: In the month of September 2021, at Teshie Camp in the Greater Accra Region and within the jurisdiction of this Court, you beat up SUSUANA AGGREY LUTTERRODT. your wife using your hands.
BRIEF FACTS
The facts of the case as presented by the Prosecution are that the Complainant, Sussana Aggrey Lutterodt is a musician and lives at Kasoa. The complainant and the Appellant are a married couple who have lived together for six years without a child. Sometime in September 2021, the complainant alleged that one Francis Atasi came to inform her that, the Appellant promised to recruit him into the Ghana Army and the process was delaying so she should relay the information to the Appellant.
When the Appellant returned home and the complainant delivered the message to him, the Appellant took offence and beat up the complainant.
PLEA AND SENTENCE
The Appellant pleaded ‘NOT GUILTY’ to the charge. The trial court on 13/03/2024 found the Appellant guilty of the offence and sentenced him to a term of one and a half years imprisonment in hard labour and to pay 450 penalty units (GH¢ 5400) or in default serve a term of six months imprisonment.
GROUNDS OF APPEAL
The trajectory of the instant appeal falls on two main grounds:
(a) The Judgment of the Court cannot be supported having regard to the evidence on record.
(b) The sentence is harsh and excessive having regard to the circumstances of the commission of the alleged crime.
LAWS ON APPEALS
An Appeal is by way of rehearing. In explaining this principle, the Supreme Court in OBENG GYEBI V THE REPUBLIC CRIMINAL APPEAL NO. J3/02/2021 dated 26th May 2021 stated as follows:
"This does not mean that the appeal is a complete re-hearing as a new trial is. It means that the case is to be determined by the Full Court, its members considering for themselves the issues the trial judge had to determine and the effect of the evidence he heard as appearing in the record of the proceedings before him.
Criminal appeals