THE REPUBLIC VS REBECCA AKANTOGE @ ABENA KUMA
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE HARRY ACHEAMPONG- OPOKU ESQ.
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appeal contested the sentence of a fine for causing harm imposed by the Techiman Circuit Court on the respondent, Rebecca Akantoge. The Appellant argued that the correct statutory punishment was imprisonment, not a fine. The case analysis concluded that the sentencing discretion must align with statutory guidelines, leading to the appeal being granted and the sentence adjusted to 3 months imprisonment to be commenced 12 months after the respondent had delivered.
This is an appeal against the sentence imposed on the Respondent by the Techiman Circuit Court presided over by His Honour Edward Twum (as he then was) in a judgement dated 18th February, 2023. The Respondent has been arraigned before the court for; (1) Assault contrary to section 84 of the criminal offences Act of 1960 (Act 29)(2) Causing harm contrary to section 69 of the criminal offences Act of 1960 (Act 29)Although Respondent initially pleaded not guilty but she later changed her plea to guilty consequently the trial Circuit Court convicted her on her own guilty plea and sentenced her as follows; Having pleaded guilty to the charge of causing unlawful harm.
The accused person is sentenced to a fine of fifty (50) penalty units or in default, twelve (12) months imprisonment.
In addition, the accused is to be bonded to be of good behavior for a period of 12 months or in default she will serve twelve (12) months imprisonment.
The trial court also stated that it arrives at this sentence by taking into consideration accused plea for mitigation and the fact that the accused is first time offender.
Being dissatisfied with the said sentence of the trial court, the Republic/Appellant has appealed to this court on one ground of appeal that is; (1) The trial Circuit erred in law when it imposed a sentence of a fine for the offence of causing harm”. BRIEF FACTS – Victim Sheila Akantoge is a class three (3) pupil of Adventist Preparatory School Kintampo.
The Accused/Respondent, Rebecca Akantoge – aged 32 years is a trader at Magazine Kintampo.
Victim is the daughter of the Accused’s elder brother.
About 6 (six) years ago, victim’s mother and father got separated and her father brought her to live with her Auntie Rebecca Akantoge at Magazine, a suburb of Kintampo.
On 16th November, 2022 at 18: 20 hours.
The victim was sent by the Accused to buy two cedis worth of roasted groundnut for her which she obliged.
After buying the groundnut and on her way back, she ate one cedi worth of the groundnut and returned home with remaining one cedi worth of groundnut.
Accused questioned the victim as to why she returned home with only one cedi worth of groundnut instead of two cedis victim replied that she had eaten it but her answer did not go down well with the accused and subjected the victim to severe beatings.
Not satisfied with the beatings accused took a hot electric iron and placed it on the chest and abdomen of the victim causing severe burns on the chest and