[2023]DLHC16969 • March 30, 2023 • High Court
SAMUEL NTEM DZIBORDI vs. THE REPUBLIC
The appellant, a 22-year-old commercial rider, was accused of defiling a 7-year-old victim by inserting his finger into her vagina. The victim was sent to the appellant's stepmother's house to collect slippers but met only the appellant, who lured her into a room and committed the act. The victim later exhibited physical symptoms and disclosed the incident to her mother, leading to the appellant's arrest and trial.
read moreJUDGMENT The appellant, Samuel Ntem Dzigbordi, 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. I have read the submissions of Counsel for both Appellant and Respondent and I will allow the appeal to the extent that the conviction and sentence of 10 years for defilement is set aside and substituted with a conviction of Indecent Assault and a sentence of eighteen(18) months imprisonment .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 of the criminal offences Act 29/60 as amended by section 11 of act 554 PARTICULARS OF OFFENCE Samuel Ntem Dzigbordi @ CARPON: Aged 22: commercial rider: on the 28th day of June 2020 at about 2.00 pm at A...