The Republic Vrs Gyampo [2023] GHACC 347 (20 June 2023)

IN THE CIRCUIT COURT HELD AT TARKWA IN THE WESTERN REGION ON TUESDAY THE 20TH DAY OF JUNE, 2023 BEFORE HER HONOUR HATHIA AMA MANU, ESQ., CIRCUIT COURT JUDGE COURT CASE NO. B3/101/23

THE REPUBLIC VRS.

SETH GYAMPO ALIAS KOFI SETH

SENTENCING Accused – Present. C/Insp. Joseph Lartey led by Supt. Juliana E. Dadzie for Prosecution. Section 69 of Criminal Offences Act 29/60 provides that, “A person who intentionally and unlawfully causes harm to any person commits a second degree felony. The above is the offence the accused has admitted guilty to and the punishment prescribed by law. In passing sentence here, the Court has taken into consideration these factors as laid down in Kwashie Vrs. The Republic [1971] 1GLR 488. The factors established are: - - - - The intrinsic seriousness of the offence. The degree of revulsion felt by law abiding citizens of the society for the offence. The prevalence of the crime within the particular locality where the offence took place or in the community generally. Mitigation and aggravating circumstances such as extreme youth, good character and the manner in which the offence was committed. By Court: Accused you stand convicted on your own plea, is there something you would like to tell the Court? Accused: I have done wrong against all men, the land and the law and the woman too. I beg the Court to tell the woman to ask God to forgive me. By Court: Prosecution any aggravating factors. Prosecution: My Lord the accused could have easily killed the complainants. The 1st complainant is even a pregnant woman. In passing the sentence on the accused person. I considered the facts

above, the age of the accused and the fact that this type of offence is on the rise within the country. Accused person, I find no mitigation factors in your favour except the fact that you did not waste the time of the Court. The offence of causing harm and assault has risen to a level that there is a need to put a watch on it, this sentence is therefore meant to be deterrent to other likeminded who are in relationships with women and decide to resort to violence whenever there is a misunderstanding or fall out. Accused you are sentenced to 10 years imprisonment with hard labour on each count to run concurrently. (SGD.) H/H. HATHIA AMA MANU, ESQ. (CIRCUIT COURT JUDGE) 2