THE REPUBLIC v. NUKU ASEMPAPAH
February 2, 2023
CIRCUIT COURT
CORAM
- HER HONOUR JUDGE DORA G. A. INKUMSAH ESHUN
Areas of Law
- Criminal Law and Procedure
- Evidence Law
February 2, 2023
CIRCUIT COURT
CORAM
Try asking the following...
Prosecutor
My lady you ordered us to file disclosures and we have done that accordingly.
By Court
Prosecution has filed,
Police Medical Form Section A and B stating hymen is broken.
Report from Radiology Department of Ghana Police Hospital – stating victim is
between 15-16 years.
confession statement.
confession statement.
SENTENCING GUIDELINES
Offences:
a) Defilement (section 101(2) Act 29) 1st degree felony – 7 – 25 years.
b) Incest (section 105, Act 29) 1st degree felony – 3 – 25 years.
By Court
Mr. Nuku, when was the first time you had sex with your daughter?
Accused Person
Please I can’t remember.
By court
How many years ago?
Accused Person
Please I can’t remember the year too.
Prosecutor
My lady, I think around 2010. I think the first time he slept with her was when she was
11 years.
Accused Person
It’s not true.
By Court
In your investigation caution statement and charged caution statement you said you
had sex with her once when she was a child.
Accused Person
I can’t remember the date.
Aggravating Factors
Large age difference
Younger aged victim
Vulnerable victim
Greater psychological injury
Violation of safe place
Family – position of trust
Mitigating Factors
None
Sentence Level
Defilement –
D/E – many aggravating factors, no mitigating factors – 15+ years.
Incest
D – many aggravating factors, no/few mitigating factors – 10 – 25 years.
Accused’s Personal Circumstances
I am 38 years. I have no other children - just the victim. Both my parents are alive. They
are in Ho, in the Volta Region. One of my siblings who stays with them takes care of
them. I don’t send them money. The work I’m doing is not enough but when I get
something small, I manage it and take care of the family. My wife works – she sells
kenkey. The child has completed J.H.S and is awaiting results.
Victim’s Impact Statement
As for me, my father hasn’t done anything with me, for me in particular. I remember
when I was young I went to an occasion – a birthday party of my friend. I found myself in a bedroom. I don’t think I can remember the area. When I went
home, I was too scared to tell my parents because they can be rude to me. I don’t know
what happened there, but when I woke up, I was naked and the girl who did that, who
put something in my d
AI Generated Summary
Before HER HONOUR JUDGE DORA G. A. INKUMSAH ESHUN in a Ghana Circuit Court, the prosecution disclosed evidence including a Ghana Police Hospital radiology report placing the victims age between 1516 and a Police Medical Form indicating her hymen was broken, as well as the accuseds investigation and charged caution statements containing admissions. The accused, referred to as Mr. Nuku, pleaded guilty to defilement and incest involving his daughter, Rhithar. Although the victim denied remembering sexual relations with her father and described an incident at a friends birthday party where she awoke naked after a suspected drink tampering, the court held that post-plea statements at sentencing could not negate a voluntary, informed guilty plea that was explained in Ewe and acknowledged by the accused. Considering aggravating factors such as the victims vulnerability, age disparity, breach of familial trust, and violation of a safe home environment, and no mitigating factors, the court imposed concurrent twelve-year terms with hard labour and ordered counselling and a work program for rehabilitation.