THE REPUBLIC VS EDEM KATSO
2024
HIGH COURT
GHANA
CORAM
- H/L JUSTICE YAW OWOAHENE-ACHEAMPONG J.
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves an 18-year-old accused charged with rape and unnatural carnal knowledge of a 78-year-old woman. Initially pleading not guilty, the accused later changed his plea to guilty on both counts. The prosecution and defense both requested a minimal sentence, citing the accused's young age, first-time offender status, time already spent in custody, and show of remorse through the change of plea. The judge considered these factors and sentenced the accused to five years imprisonment in hard labor on both counts, to run concurrently. The judge noted that the accused's guilty plea saved court time and that the the accused valuable lessons, thus inclining the court towards a more lenient sentence.
By Counsel for Accused: Upon conference with the Accused, the accused person intends to change his plea of not Guilty.
By Court: At the instance of counsel for the Accused let the plea of the Accused be re-taken.
CRE IN EWE Plea of Accused: Guilty on both counts.
By Court: The Accused having changed his plea of not guilty simpliciter, the Accused is hereby convicted on his own pleas simpliciter on both counts.
Before I pass sentence on the Accused person, the jurors are discharged.
ORAL ADDRESS BY PROSECUTION: Prosecution: It is our contention that the Accused be given a minimal sentence rather than maximal.
The Accused appears to be a young offender, he, being just 18 years at the time of the commission of the offence, the Accused per our records is a first-time offender and the Accused has spent some three years in custody, the Accused has shown considerable remorse by his change of plea.
From all the above, it is our humble prayer that the Accused be given the minimum of 5 years allowable under both sections 97 and 104 of Act 29. We pray humbly.
By Counsel for Accused: We associate ourselves with the submissions of the learned State Attorney and we pray that under the circumstance of the case, the Accused be given the minimum sentence of 5 years on both counts and we also pray that the sentence to run concurrently.
SENTENCE On 18/10/2023, the Accused person pleaded not guilty to two (2) counts of Rape under section 97 and Unnatural Carnal Knowledge under section 104 (1) of Act 29/60 of a 78-year-old woman.
Today, led by his counsel the Accused changed his pleas from not guilty to guilty simpliciter on both counts.
Both the Prosecution and the defence team have put in a prayer of mitigation of punishment for the Accused.
From the facts before me, the Accused is a first time offender and the Accused appears to be a young offender, he was just 18 years at the time of the commission of the offence.
It is significant that the Accused changed his plea and pleaded guilty to both counts, and by so doing, the Accused did not waste the time of the court.
The Accused has also spent some time in lawful custody and I believed that the Accused may have learnt some useful lessons.
From all the above, I am inclined to spare the Accused harsh sentence.
The Accused is therefore sentenced to five (5) years imprisonment IHL on both counts and the sentences are to run concurrently.
The Accused is sentence accordingly.
(SGD. ) H/L JUSTICE YAW OWOAHENE-ACHEA