ROBERT GYAMFI (alias Appiah) v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, JA (PRESIDING)
- DZAMEFE, JA
- M. WELBOURNE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Robert Gyamfi, a teacher, was convicted of defiling a 12-year-old student and sentenced to 18 years in prison, which was later reduced to 17 years. Gyamfi challenged the conviction and sentence at the High Court, arguing that the evidence was insufficient and the sentence too harsh. The High Court upheld the trial court's decision, finding the victim's testimony credible and the evidence consistent. The court ruled that the National Health Insurance Card was valid proof of the victim's age and that Gyamfi's failure to explicitly deny the charges constituted a tacit admission. The sentence was eventually reduced to 10 years, considering Gyamfi's young age and first-offender status, affirming the conviction.
DZAMEFE, JA
The appellant was charged with the offence of defilement contrary to section 101 of the Criminal Offences Act 29/60. The particulars are that the appellant, aged 22, a teacher in 2014 at Pakyi No.2 in the Ashanti Region and within the jurisdiction of the Circuit Court Kumasi did have carnal knowledge of one Amidia Iddrisu aged 12 years.
FACTS
Complainant Fati Iddrisu is a food vendor, she is the grandmother of victim Amidia Iddrisu aged 12 years and a class 6 pupil of Little Flower International School while accused person Robert Gyamfi aged 22 years is a teacher. Both parties reside at Pakyi No.2 Kumasi. According to the victim, about 5 months ago after the close of school, the accused person gave his room keys together with some books for her to take home. On reaching the accused’s room he came from nowhere and pushed the victim on his bed, forcibly removed her pant and had sexual intercourse with her. In the process of having sex with her she was feeling pains and was crying so the accused used a piece of cloth to cover her mouth preventing her from being heard by neighbours around. After the act, the accused promised to marry the victim and also warned her not to disclose the ordeal to anyone or else he will kill her. Since then the accused person have been having sex with her for five times of which the last one happened about three weeks ago that was on 16/10/14. According to the victim, after the last sex, she was frequently falling sick so she went to the school proprietress and informed her that her class teacher, the accused, has been having sex with her in his room any time he sent her. The victim later narrated her ordeal to her grandmother who also reported the matter to the police and medical form issued to the victim to attend hospital for medical examination. On receipt of the medical report form duly endorsed by the medical officer, proved she has been defiled. The victim led police to arrest the accused. In his Caution Statement he denied the offence after a thorough investigation into the case accused was charged with the offence and put before this honourable court.
On 7/11/14, the charge was read and explained to the accused in Twi and he pleaded guilty with explanation.
From the records of appeal, there is nothing showing what the trial court judge recorded before the trial commenced. The victim Amidia Iddrisu told the court she is 12 years old and a class 6 pupil of the Little Flower International School, Pakyi No.2.