THE REPUBLIC vs. TETTEH DERRICK [2020]DLHC10444

Date	2020-06-22
Suit No.	SUIT NO.: CR/0063/2020
Citation No.	[2020]DLHC10444

HER LADYSHIP JUSTICE ELLEN VIVIAN AMOAH

[2020]DLHC10444
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>vs.<o:p></o:p>TETTEH DERRICK<o:p></o:p>(APPELLANT)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM:<o:p></o:p>HER
LADYSHIP JUSTICE ELLEN VIVIAN AMOAH<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;The
Genesis of this Appeal is as follows:<o:p></o:p>The Accused
was arraigned before the Circuit Court Accra on the 11th February
2019 on &nbsp;One count of Defilement of a
child under 16 years contrary to section101(2)
of Act 29/60.<o:p></o:p>The
Particulars of Offence states “Tetteh Derrick Male: Footballer:Aged 26 Years:
For that you on or before July 2018 at Teshie Camp 2 in the greater Accra
Circuit Court and within the jurisdiction of this court, did defile Eva Ayokor
Tawiah a female child aged 12 which resulted in pregnancy.”<o:p></o:p>I
must comment that when you look at the Charge Sheet it is indeed a surprise
that the victim’s name did not originally feature in the Particulars of
Offence. Then it was scribbled in in. Additionally the signature of the
prosecuting officer appears but there is no date on which this correction was
made. This may appear to be pedantique but we must insist on high standards
especially in all matters where the liberty of an individual is concerned. It
is inconceivable that one may pursue a defilement charge without even putting
the name of the victim on the Particulars of Offence as drawn up originally.<o:p></o:p>The
crux of the case is that the victim was propositioned whilst in the company of
her sister. She accepted and sexual relations commenced between victim and
accused sometime in June 2018. These activities resulted in victim falling ill
and upon investigation at the hospital it was discovered that she was 24 weeks
pregnant.&nbsp; Victim indicated that accused
her “boyfriend” was responsible. This led to the accused’s arrest.<o:p></o:p>On
the 11th February 2019 &nbsp;the
accused plea was taken in Ga. He pleaded guilty. He was unrepresented. The
Circuit Judge went on thus:-<o:p></o:p>”
Accused pleaded guilty, he is convicted of his own plea…”<o:p></o:p>It
is from these facts that this appeal flows.<o:p></o:p>The
appellant in this case states his grounds of appeal as follows:<o:p></o:p>(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That the conviction is a miscarriage of
justice<o:p></o:p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That the trial judge erred when she failed to
explain the consequence of the guilty plea on the Appellant<o:p></o:p>Matters
involving the potential loss of liberty of an accused should be gravely
considered by the courts. It is never the best to adopt a perfunctory approach
to these matters no matter the temptation so to do. Fundamental in our criminal
process is the oft quoted Article 19 of
the 1992 Constitution which states:<o:p></o:p>“(1)
A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.”<o:p></o:p>It
therefore becomes a matter of concern when an allegation is made suggesting a
potential breach of this provision resulting in a miscarriage of justice.<o:p></o:p>We
are here today to discuss/resolve the basic matter of whether this procedure
adopted by the Circuit Judge resulted in a miscarriage of justice as she duly
sentenced the accused to 7 years imprisonment.<o:p></o:p>What must a judge do being
faced with a guilty plea? Is it enough to accept same and move on to sentencing
without anything more?<o:p></o:p>Section 199(1) of the Criminal and Other Offences
(Procedure) Act, 1960 act 30 states;<o:p></o:p>Plea of guilty<o:p></o:p>(1)