[2019]DLHC10096 • April 30, 2019 • High Court
DANIEL KWABENA (a.k.a) Kwabena Akyirem vs. THE REPUBLIC
The appellant, Daniel Kwabena alias Kwabena Akyirem, aged 21, was charged with defilement of a 14-year-old girl, Margaret Asare, his niece, in August 2015 at JeiKrodua near Awutu Bawjiase. The victim was allegedly sexually assaulted after being sent to the appellant's house to fetch a cloth. The appellant threatened the victim with a knife to prevent disclosure. The victim reported the incident to her mother about five weeks later, who then reported to the police. The appellant was arrested and admitted to the offence in a cautioned statement. The appellant pleaded guilty at the Circuit Court, Kasoa, and was convicted and sentenced to 20 years imprisonment with hard labour.
read more1.0 Introduction 1.1 A basic condition for parties or litigants either criminal or civil to proceed to court to prosecute or to defend a suit is whether they have under their control and possession the evidence the law requires in the matter to successfully prosecute or defend the action. This is a criminal appeal by the accused person against the judgment of the Circuit Court, Kasoa Ofankor dated 9 October 2015 that convicted and sentenced the appellant to 20 years imprisonment in hard labour based on appellant’s guilty plea. The appellant was arraigned before the said court charged with the offence of defilement of a girl child, Margaret Asare, aged 14 contrary to s.101of the Criminal Offences Act, 1960 (Act 29). On his first appearance in court, appellant who was unrepresented by counsel pleaded guilty to the charge. Based on the guilty plea, the trial court considered its job cut; it proceeded to convict the appellant based on the guilty plea. 1.2 The determinative foremost.....