[2014]DLCA4998 • February 28, 2014 • Court of Appeal
JOSEPH KOFI DARKO (APPELLANT) vs. THE REPUBLIC
The appellant, aged 41, was charged and convicted of defilement of an 11-year-old girl, Prisilla Tawiah, who was residing with the appellant's family to assist his wife. During the wife's absence, the appellant sexually assaulted the victim on two consecutive nights, gagging and threatening her with curses to keep silent. The victim later suffered severe injuries, was referred to multiple hospitals, and died while on admission. The appellant denied guilt and showed no remorse during trial.
read moreAYEBI J.A. On the 17th March 2004, the appellant was arraigned before a Kumasi High Court on a charge of defilement contrary to section 101 of Act 29, of the Criminal Offences Act, 1960 as amended by Act 554 of 1998. In subsection (1) of the said section 101, it is provided that “for the purposes of this Act, defilement is the natural or unnatural knowledge of a child under sixteen years of age”. And in subsection (2) of the said s.101, it is stipulated that: “A person who naturally or unnaturally carnally knows a child under sixteen years of age, whether with or without the consent, commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years”. The particulars of the offence state that the appellant then aged 41 years during the month of December 2002, did have carnal knowledge of one Prisilla Tawiah then aged 11 years who is now deceased. After a full trial, the High Court o...