Republic Vrs Otibu Tetteh [2022] GHACC 90 (13 December 2022)

Republic Vrs Otibu Tetteh [2022] GHACC 90 (13 December 2022)

The sentence was determined by considering the accused's plea in mitigation, his status as a first-time offender, the age difference between the victim and the accused, the use of force, and the trauma inflicted on the victim and her brother, in accordance with the law and constitutional provisions.

Citation
[2022] GHACC 90
Parties
Prosecution: The Republic; Accused: Otibu Tetteh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 December 2022
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Defilement, Sentencing, Mitigation, First Time Offender
Source Language
English
Criminal Law Defilement Sentencing Mitigation First Time Offender

Case Brief

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Parties

The Republic

Prosecution

Otibu Tetteh

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for defilement under section 101 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The sentence was determined by considering the accused's plea in mitigation, his status as a first-time offender, the age difference between the victim and the accused, the use of force, and the trauma inflicted on the victim and her brother, in accordance with the law and constitutional provisions.

Court Disposition

convicted and sentenced

Orders

  • The accused is sentenced to nine years imprisonment in hard labour.
  • The prosecution shall send the medical report on the condition of the accused person with the warrant of commitment to the prisons.