AGBORVI ANTHONY vs. THE REPUBLIC

JUDGMENT The appellant, Agbovi Anthony, appeals against the conviction and sentence imposed on him on 22 September 2020. The Circuit Court , Kpando presided over by His Honour Nana Brew imposed a sentence of 10 years imprisonment on appellant, having convicted appellant after trial on defilement of a child under 16 years. The parties were asked to file their written submissions as far as 3 November 2022. The appellant filed his written address on 15 May 2023 but the respondent did not. I have read the submissions of Counsel for Appellant. Even though I am not satisfied with the submission of counsel for the appellant for his reason asking for the setting aside of the conviction, I will nonetheless allow the appeal and set aside the conviction and sentence of 10 years for defilement. These are the reasons for coming to that conclusion. The appellant was charged on one count as follows: STATEMENT OF OFFENCE Defilement: Contrary to section 101(2) of the criminal offences A...