THE REPUBLIC v. BRIGHT AGUADE
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE DOREEN G. BOAKYE-AGYEI (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
- Evidence Law
AI Generated Summary
The High Court (Her Ladyship Justice Doreen G. Boakye-Agyei) decided an appeal arising from the Sogakope Circuit Court 19s conviction of Bright Aguadze (aka Poozo), a 23-year-old lotto writer and farmer. Aguadze had been charged on two counts of defilement under section 101(2) of the Criminal Offences Act after he forcibly had sexual intercourse with two 13-year-old schoolgirls, Mawufemor Nyaletashie and Christine Enyonam Morfor, when they visited his home to watch television in December 2020. The victims later disclosed the incident, leading to police investigation and medical examinations by Dr. Duke Boye Micah, which recorded their ages and findings consistent with vaginal penetration. On appeal, Aguadze argued that the judgment lacked evidentiary support and that the 10-year sentence was harsh. The High Court, sitting by way of rehearing, rejected these grounds, found the conviction supported by credible testimonial and medical evidence, held that age was properly proven and evidentiary objections were waived, and concluded that DNA was unnecessary. Although the 10-year sentence fell within the statutory range, the court found consecutive terms improper and, invoking appellate powers and deterrence principles, imposed a 20-year imprisonment effective from the original sentencing date.