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Ghana decisions
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MENSAH VRS REPUBLIC (F22/06/2024) [2024] GHAHC 80 (1 February 2024)
The trial magistrate considered all relevant factors, including the appellant's youth and first-time offender status, but the maximum sentence was harsh in the circumstances. The sentence is reduced to twelve months to balance reformation and proportionality.
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REPUBLIC VRS ANKOMAH (B6/5/23) [2023] GHADC 996 (6 December 2023)
A juvenile was convicted of defilement on his guilty plea, then released on 18 months’ probation with orders for parental care and support for pregnancy-related expenses.
The Republic Vrs Oswald Quansah [2023] GHACC 75 (16 March 2023)
A custodial sentence would not serve the best interest of the juvenile, given his age, first offender status, remorse, and the need for reformation and education. The court opted for a non-custodial sentence with probation, compensation, and restrictions to balance the interests of justice, the victim, and the juvenile's future.
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Republic Vrs Ali Isaac [2023] GHACC 260 (27 February 2023)
The accused, aged 18, was convicted on his own plea for defiling a minor aged 13–14. The court considered the vulnerability of the victim as an aggravating factor and several mitigating factors, including the small age difference, short duration, minimal violence, and lesser injury. The court applied the Juvenile Justice Act to impose a custodial sentence with a training component.
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The Republic Vrs Jeffery Abanwine @ Akulugo [2023] GHADC 18 (14 February 2023)
The court held that since the juvenile is alleged to have committed an offence, is under eighteen years, and has been charged and arraigned, the trial must proceed to determine guilt or innocence. The law recognizes that children can be held responsible for certain offences, and the arguments raised by counsel pertain more to human rights and can be pursued in the appropriate forum.
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The Republic Vrs Moahmmed Jonathan [2023] GHADC 21 (5 January 2023)
A juvenile convicted of stealing was released on one year’s probation to his father, with the father ordered to give security for the boy’s good behavior.
The Republic Vrs Caleb Dennis [2023] GHADC 19 (5 January 2023)
The court dismissed a juvenile accused’s no-case submission in a defilement case, finding the prosecution had made out a prima facie case.
The Republic Vrs Josiah Zogbe [2023] GHADC 20 (5 January 2023)
A juvenile pleaded guilty to unlawful damage, unlawful entry, and stealing. The court ordered three years’ detention at the Senior Correctional Centre.
The Republic Vrs Jeffery Abanwine @akulgo [2022] GHADC 30 (22 December 2022)
The court dismissed a juvenile’s application for discharge in a defilement case, holding that the trial could proceed to determine guilt or innocence.
The Republic Vrs Clifford Amolga & 3ors. [2022] GHADC 29 (22 December 2022)
The prosecution failed to establish a prima facie case against the 1st and 2nd Juveniles as the evidence was insufficient, uncorroborated, and did not link the accused to the offences charged. The submission of no case to answer was upheld and the accused discharged.
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