[2024]DLHC18034 • January 24, 2024 • High Court
AUGUSTINE CRENSTIL ARTHUR vs. THE REPUBLIC.
The appellant, Augustine Crentsil Arthur, aged 17 at the time, was charged with defilement of a child under 16 years. The complainant's survivor, a 13-year-old pupil, was sexually assaulted by the appellant and others over two days. The appellant pleaded guilty at the trial court and was sentenced to 10 years imprisonment with hard labour. The appellant appealed against conviction and sentence, arguing the trial court erred in convicting him without determining his age and that the sentence was harsh given his youth and guilty plea.
read moreJUDGMENT This is a Criminal Appeal against the Judgment of the Circuit Court dated delivered by Her Honour Dorinda Smith Arthur (Mrs.) on the 7th of October 2020. The Appellant was arranged before the trial court and charged on one count of defilement, contrary to Section 101 (2) of the Criminal Offenses Act 1960(Act 29). The appellant pleaded guilty simpliciter to the charge at the trial and was convicted on his own plea and sentenced to serve 10 years imprisonment with Hard Labour. GROUNDS OF APPEAL Being aggrieved by the conviction, Appellant files the present appeal on the following grounds; 1. The Trial Judge erred in convicting the appellant before determining his age when the same was stated on the charge sheet. 2. That the sentence is harsh and excessive having regard to the fact that he is a young offender, that he pleaded guilty simpliciter and was remorseful. BRIEF FACTS The facts of the case as presented by the Prosecution is as follows; Complainant...