[2021]DLCA16063 • October 4, 2021 • Court of Appeal
KWAKU ASANTE vs THE REPUBLIC
The appellant, Kwaku Asante, was convicted by the Circuit Court at Mpraeso for defilement of two young girls aged 11 and 12 years. He admitted during cross-examination to having sexual intercourse with the victims multiple times. The trial court convicted and sentenced him to 12 years imprisonment with hard labour on each count, to run consecutively. The appellant appealed against the sentence, contending that he was a first offender, regretted his actions, and that the sentence was too harsh and did not consider mitigating factors.
read moreJUDGMENT MENSAH-HOMIAH, JA: This is an appeal against the 12 years consecutive sentences imposed on Appellant for the offence of defilement, by the Circuit Court, Mpraeso. His appeal against sentence to the High Court, Nsawam, was dismissed. In his further appeal to this court for mitigation of sentence, the appellant contends that he is a first offender and regrets his actions. He argues that the sentence is too harsh and that the trial court failed to take into account mitigating factors which inured to his benefit. Responding to the arguments put forward by the appellant, the learned Assistant State Attorney (ASA) makes a very important observation regarding the procedure adopted by the trial court. The learned ASA submits thus: “...the Respondent respectfully wishes to comment on the procedure adopted by the Honourable Trial Court Judge in convicting ad sentencing the Appellant. It is noted from the record of appeal that the Appellant was convicted after his “admission” ...