Try asking the following...
Try asking the following...
September 20, 2023
HIGH COURT
GHANA
CORAM
This is an appeal against the judgment of the Circuit Court. , Offinso Ashanti in the case numbered CC/77/2018 titled The Republic vs Stephen Agyemang.
The Appellant was charged with the offence of Defilement contrary to section 101(2) of the Criminal Offences Act, 1960, Act 29. The Appellant who was unrepresented by Counsel pleaded Guilty with Explanation.
His explanation being that he took the victim into his room but was too drank and could not penetrate her.
Based on this explanation, the learned trial judge on the 15th of February, 2018, without formally convicting the Appellant sentenced him to ten (10)years imprisonment in hard labour.
The Petition of Appeal filed by Counsel for the Appellant lists the following as the grounds of Appeal a. The Court erred when it recorded a plea of guilty for the appellant and proceeded to sentence him when his explanation was inconsistent with guilt.
b. The court erred when it sentenced the appellant when it had not formally convicted him c. The sentence of 10 years IHL is excessive having regard to the circumstances of the appellant.
d. Further grounds to be filed upon receipt of the record of appeal.
Counsel for the Appellant when he appeared informed the Court that he wants to abandon the other grounds of appeal and argue only the ground on the sentence imposed by the trial Court.
He submits on behalf of the Appellant that the sentence of ten years is excessively harsh when considering the circumstances of the case.
Counsel notes that there were numerous mitigating factors that the Court conveniently ignored when sentencing, such as the youthfulness of Accused, that he was a first-time offender, that he did not waste the time of the Court on a long trial, and the fact that the incident was not aggravated.
For these reasons Counsel prays that the sentence of ten years be substituted for the minimum of seven years imprisonment.
Counsel finally prays that the minimum sentence would serve justice in the matter and also afford the appellant an opportunity to reform, rejoin society and have a second chance to right his wrongs.
The prosecution indicated to the Court that it was not opposed to the appeal against sentence especially since the Appellant has spent five years of the sentence already, he further noted that if the Honourable Court is minded to reduce the sentence to the minimum of seven years allowed by law the Republic was not opposed with the hope that the Appellant would be reformed by the time
AI Generated Summary
Justice Rosemary Baah Tosu of the High Court heard an appeal by Stephen Agyemang against a ten-year sentence imposed by the Circuit Court, Offinso Ashanti, in The Republic v. Stephen Agyemang (CC/77/2018). Agyemang had been charged with defilement under section 101(2) of the Criminal Offences Act, 1960 (Act 29), and, while unrepresented, pleaded guilty with explanation that he was too drunk to penetrate. The trial judge, citing deterrence, sentenced him without a formal conviction entry. On appeal, counsel abandoned other grounds and challenged only the sentence, emphasizing mitigation: Agyemang’s youth, first-offender status, lack of aggravation, and that he did not prolong the proceedings. The prosecution did not oppose reduction, noting five years already served. Applying the rehearing standard, Article 296(b), and the Apaloo v. Republic principle limiting interference to manifest excess or error in principle, the High Court found the ten-year term excessive and, under Section 30 of the Courts Act, substituted the statutory minimum of seven years, effective from the date of conviction.