REPUBLIC VRS AWUNYO & ANOTHER [2023] GHAHC 645 (14 December 2023)
- Citation
- [2023] GHAHC 645
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- High Court
- Posture
- Criminal / Judgment
- Language
- English
More details
- Court
- High Court
- Posture
- Criminal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The accused persons were convicted on their own plea of guilty to human trafficking and child labor charges, and the court accepted the plea bargaining agreement as satisfactory.
Court disposition
conviction and sentence on plea of guilty
Orders
- Amevor Awunyo to pay a fine of 150 penalty units on Counts 2 and 3 or serve 5 years imprisonment in default
- Amevor Awunyo to compensate victim Korsi Atsu Kpeli Hotorwu with GHS 1,200.00
- Kwasi Vivor Awunyo to pay a fine of 150 penalty units on Counts 4 and 5 or serve 5 years imprisonment in default
- Kwasi Vivor Awunyo to compensate victim Kwasi Borga with GHS 1,200.00
- Sentences to run concurrently
- Fines and compensation to be paid forthwith
02
Material facts
Parties
The Republic
Prosecutor Counsel: Virginia Gloria Akpene Fugar with Gertrude JohnsonAmevor Awunyo
Accused Counsel: Awudu Issah MahmuduKwasi Vivor Awunyo
Accused Counsel: Awudu Issah MahmuduAmounts and remedies
- Fine Per Accused: penalty units 150
- Compensation to Victim Korsi Atsu Kpeli Hotorwu: GHS 1,200
- Compensation to Victim Kwasi Borga: GHS 1,200
- Default Imprisonment Term Per Accused: years 5
03
Procedural history
Posture
Criminal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the accused persons are guilty of human trafficking and child labor as charged
- 02
Whether the plea bargaining agreement is acceptable to the court
Party arguments
- Applicant
- The Republic and the accused persons reached a plea bargaining agreement under the Plea Bargaining Act 1079, with the accused pleading guilty to the charges.
- Respondent
- The accused persons accepted the charges and entered a plea of guilty as per the plea bargaining agreement.
05
Court’s reasoning
Legal principles
- 01
Criminal and Other Offences (Procedure) Act 1960 as amended
Conviction on own plea of guilty is permissible under criminal procedure.
- 02
Plea Bargaining Act 1079
Plea bargaining agreements are recognized and enforceable.
06
Ratio, limits and disposition
Ratio decidendi
The accused persons were convicted on their own plea of guilty to human trafficking and child labor charges, and the court accepted the plea bargaining agreement as satisfactory.
Court disposition
conviction and sentence on plea of guilty
- Amevor Awunyo to pay a fine of 150 penalty units on Counts 2 and 3 or serve 5 years imprisonment in default
- Amevor Awunyo to compensate victim Korsi Atsu Kpeli Hotorwu with GHS 1,200.00
- Kwasi Vivor Awunyo to pay a fine of 150 penalty units on Counts 4 and 5 or serve 5 years imprisonment in default
- Kwasi Vivor Awunyo to compensate victim Kwasi Borga with GHS 1,200.00
- Sentences to run concurrently
- Fines and compensation to be paid forthwith
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE
TAMALE NORTHEN REGION SUIT NO. NR/TL/HC/CC3/1/20 DELIVERED ON 14TH DECEMBER, 2023
THE REPUBLIC VRS 1. AMEVOR AWUNYO 2. KWASI VIVOR AWUNYO
COUNSEL VIRGINIA GLORIA AKPENE FUGAR with GERTRUDE JOHNSON for the Republic present. AWUDU ISSAH MAHMUDU for the Accused persons present.
CORAM
HIS LORDSHIP JUSTICE ERIC ANSAH ANKOMAH
JUDGMENT The Accused persons have reached an agreement with the Republic through the Attorney’s General Department in Tamale based on the Plea Bargaining Act 1079 which said Act amended the Criminal and Other Offences (Procedure) Act 1960. The proposed agreement has been filed this morning at 9:45 AM. I hereby retake the plea of the Accused persons pursuant to the Plea Bargaining agreement filed on 14th December, 2023. Charges read in English and explained in Ewe language to the Accused persons. Count 2 – Human Trafficking contrary to Section 2(1) of the Human Trafficking Act, 2005 (Act 694) as amended. Count 3- Child Labor contrary to Section 87 and 88 of sub-part 1 of the Children’s Act, 1998 (Act 560) Count 4 – Human Trafficking contrary to Section 2(1) of the Human Trafficking Act, 2005 (Act 694) as amended Count 5- Child Labor contrary to Section 87 and 88 of sub-part 1 of the Children’s Act, 1998 (Act 560) A1 pleads guilty to Counts 2 and 3. A2 pleads guilty to Counts 4 and 5. By Court: I hereby convict the Accused persons on their own plea of guilty to Counts two (2), Count three (3), Count four (4) and Count five (5) respectively. I have read the proposed Plea Bargaining Agreement by the Accused persons and the Republic. I am satisfied with the agreement and I do not intend to change any of the clauses. I hereby sentence A1 to pay a fine of 150 penalty units on Count 2
and 3 or in default serve a prison term of 5 years. A1 shall compensate the victim Korsi Atsu Kpeli Hotorwu with cash the sum of GHS 1,200.00. I hereby sentence A2 to pay a fine of 150 penalty units on Count 4 and 5 respectively or in default serve a prison term of 5 years. A2 shall compensate the victim Kwasi Borga with cash the sum of GHS 1,200.00. The sentences are to run concurrently. The convicts shall pay the fine and the compensation forthwith.
SGN
HIS LORDSHP ERIC ANSAH ANKOMAH
JUSTICE OF THE HIGH COURT
TAMALE 3
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