WONDER AFETORGBOR v. THE REPUBLIC
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
- Constitutional Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Doreen G. Boakye-Agyei of the High Court heard an appeal from the Circuit Court, Sogakope, which had convicted the appellant ('Paro') of indecent assault and sentenced him to 24 months’ imprisonment in hard labour under section 103 of the Criminal Offences Act, 1960. The case centered on a 17-year-old motor rider (PW1) from Adutor who, after being called late at night to the appellant’s house, described a series of non-consensual intimate acts and a demand for anal intercourse; he cried and later disclosed the incident to his twin sister, Priscilla Atsupi Adade (PW2), and the police investigator (PW3). On appeal, counsel argued material inconsistencies and lack of proof beyond a reasonable doubt, and sought a reduced sentence. The Court, applying Evidence Act burdens and appellate re-hearing guidelines, found PW1 credible, held alleged inconsistencies immaterial, and affirmed that the prosecution proved indecent assault beyond a reasonable doubt. While upholding the conviction, the Court tempered justice with mercy and reduced the custodial sentence to 12 months IHL, crediting time already served.
JUDGMENT
INTRODUCTION
This is an appeal by the Appellant against the judgment of the Circuit Court, Sogakope
presided over by His Honour Isaac Addo, Esq. convicting and sentencing the Appellant
to Twenty-Four (24) months prison term in hard labour on the charge of Indecent
Assault contrary to Section 103 (1) of Act 29/60. The Notice of Appeal by virtue of which
the present appeal has been brought can be found at page 85 of the Record of Appeal
hereinafter referred to as the ROA". The Notice of Appeal sets out the following
grounds of appeal;
a. That the Petitioner/Appellant's conviction and subsequent sentence cannot be
supported by the evidence on record.
b. That the prosecution failed to prove its case beyond reasonable doubt.
c. That the sentence is harsh and excessive under the circumstance.
d. Additional grounds of appeal may be filed upon receipt of the Record of
proceedings.
THE FACTS
The victim (PW 1) in this case is a 17-year-old motor rider resident at Adutor, The facts
have it that on 4th February, 2020 at about 11:30 pm, whilst PW 1 and his three friends
were at the road side chatting, the Appellant called PW 1 on phone and asked him to go
to Dabala and bring his girlfriend to him. That PW 1 whose motorbike had developed
fault informed the Appellant and asked him if he could use one Mawusi’s motorbike,
The Appellant refused and stated that Mawusi will charge him more because they are
not in good talking terms and that the Appellant invited PW 1 to his house, The
Appellant advised PW 1 about his unkempt hair and being out in the night with friends
and that in the process of advising PW 1, the Appellant removed his dress and
complainant’s dress and started making romantic moves. That the Appellant kissed PW
I's mouth, armpit, forehead and sucked his breast and that the Appellant asked PW I to
turn his back to have anus sexual intercourse with him. That PW 1 started crying and
when the Appellant realized that P WI's scream will attract the neighbourhood, the
Appellant asked him to wear his dress and leave. The Appellant then gave GHC 20.00
to PW 1 but he refused to accept the money and left.
That on his way the Appellant called PW 1 on his phone and asked him not to tell
anybody because he loves him, When PW 1 got home at about 3:00 am, he narrated his
ordeal to his sister who took him to their father and narrated the story to him.
Appellant was subsequently charged for the offence and arraigned before the trial