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JUDGMENT
JUDGMENT
Background
The Juvenile, on the 19th day of January 2023 was charged before the Juvenile Court
with One (1) count of Defilement of a female under the age of 16years of age contrary to
Section 101(2) of the Criminal Offences Act, 1960 (Act 29). The Particulars of Offence: in
the month of January 2023 at Nsufa, a suburb of Sowutuom in the Greater Accra Region
and within the jurisdiction of this court, did carnally know one Rashidatu Musah, a
female child age 10 years. The Brief Facts as incorporated from the Charge Sheet is that
the Complainant is a driver and resides at Sowutuom with his family together with
victim Rashidatu Musah who is 10 years and the last child of the complainant. Juvenile
is a JHS 2 student and stays with his mother. Both complainant and Juvenile stay
together as co-tenants. Victim on the 4th of January 2023 at about 3.30pm was sent by
another tenant by name Charity to give money to the Juvenile to buy something for her.
Juvenile who was alone in his mother‟s room, after receiving the money from the victim
pulled her back into the room covered her mouth and had sexual intercourse with
victim on his mother‟s bed. Victim was in pains and started bleeding on the bed profusely and was rushed to Deseret hospital for treatment on the same day but the
bleeding did not cease and on the 5th of January 2023 at about 9am, the victim was
transferred to the Korle Bu Teaching Hospital Gynae Emergency Unit. A medical report
from received from the hospital indicates that he victim had a second-degree perianal
tear extending from about 1cm below the post-fornix to the introits with active bleeding
hymen absent with raw surface and abrasions around it.
The Juvenile was arraigned before the court and on the 2nd of February 2023, the
Juvenile pleaded guilty to the charge of defilement and the Court convicted the Juvenile
on his own plea. Consequently, Social Enquiry Report (SER) to be conducted for
onward sentencing of the Juvenile.
SENTENCING
In sentencing the Juvenile, the Court is guided by Section 24(1) of the Juvenile Justice
Act, 2003 (Act 653) which provides, among others, that “where a Juvenile is charged with
an offence, the Juvenile Court shall order a Social Enquiry Report (SER) to be submitted to the
Court which shall be taken into account in making an Order”. The Probation Officer, Mr.
Richard Tegbey, conducted the investigation and presented same to Court. The SER
revealed the nature of the offence, th