[2017]DLCA4499 • June 27, 2017 • Court of Appeal
BEQUE DEKOLO vs. THE REPUBLIC
On 13 November 2003, the 15-year-old complainant, a JHS pupil, was followed by the appellant and an accomplice after selling rice. They forcibly dragged her into a secondary forest, tore her clothing, and both men had sexual intercourse with her against her will. After the assault, they gave her money and she sought medical treatment. The appellant and accomplice were convicted of conspiracy and defilement and sentenced to 20 years imprisonment with hard labour each by the Circuit Court. On appeal to the High Court, the appellant's sentence was enhanced to 25 years imprisonment with strenuous labour. The appellant appealed against the enhanced sentence as harsh and excessive.
read moreHONYENUGA, J.A. The appellant and another were convicted by the Circuit Court, Tarkwa on the 3rd February, 2004 on the offences of conspiracy to commit crime contrary to section 23 of the Criminal Offences Act, 1960, (Act 29) and defilement contrary to section 101 of the Criminal Offences Act, 1960 (Act 29) as amended by section 101 of Act 554, 1998. The appellant like his accomplice were sentenced to 20 years imprisonment with hard labour on each count but on an appeal to the High Court, Sekondi, his appeal was on 4th April, 2006 dismissed and his sentence enhanced to the maximum sentence of 25 years imprisonment with worse strenuous labour imaginable. The facts of this appeal were that on the 13th November 2003, at about 6pm, the complainant, a fifteen year old JHS pupil went to sell rice at Omanpe/Abochie. At about 6.30pm, the complainant set off to go back home and on the way, she saw the appellant and the convict following her. The convict proposed love to her but she infor...