KWAME AKOTO vs. THE REPUBLIC

This is an appeal from the judgment of His Honour D.P.W. Amedior who presided over a Kumasi Circuit Court. In that court, the appellant was charged with defilement contrary to section 101(1) of the Criminal Offences Act 1960 (Act 29). The appellant is alleged to have defiled a fourteen year old female on two different occasions and threatened to kill her if she revealed the act to any one. However, after the second sexual intercourse, she told her mother of her ordeal with the appellant. Her mother made a report to the police leading to the arrest of the appellant and subsequently arraigned before the Kumasi Circuit Court. On 22nd August, 2008, when the appellant appeared in Court, he pleaded guilty to the charge and was convicted on his plea, but sentence was deferred to 3rd September, 2008. At the adjourned date, he appeared with a counsel who applied to the court to give the appellant the opportunity to defend himself because, as he put it, he was informed by the appellant that o...