REPUBLIC VRS. ADDO (D6/005//2024) [2024] GHACC 341 (21 August 2024)

IN THE CIRCUIT COURT, CF-GBVC POLICE HEADQUARTERS ON WEDNESDAY THE 21ST DAY OF AUGUST 2024 BEFORE HER HONOUR DORA G. A. INKUMSAH ESHUN CASE NO: D6/005//2024 THE REPUBLIC V. ISHMAEL ADDO Accused Person - present Prosecutor - present; C. I. Opoku Aniagyei Investigator - present; Det. P.W. Sgt. Josephine Annor Frimpong Accused Counsel - none Time: 10:51am Accused person I don’t have a lawyer. I will represent myself. The charges have been read to me. Plea Explained and Taken in Twi Count 1 Statement of Offence Defilement of a child under 16 years: contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 29). Judgment Rep v. Ishmael Addo Aug 21, 2024 1 Particulars of Offence Ishmael Addo, age 43 years, chain saw operator: for that you, on 3rd day of August 2024 at Asofan in the Greater Accra Region and within the jurisdiction of this Court, did unlawfully carnally know Hannah Akyere, a female child age twelve (12) years. Accused’s Plea: “I’m Guilty” Count 2 Statement of Offence Defilement of a child under 16 years: contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence Ishmael Addo, age 43 years, chain saw operator: for that you, on 4th day of August 2024 at Asofan in the Greater Accra Region and within the jurisdiction of this Court, did unlawfully carnally know Hannah Akyere, a female child age twelve (12) years. Accused’s Plea: “Guilty with explanation” My explanation is that her mother travelled and returned. That was when she put that charge on me. I slept with her. Judgment Rep v. Ishmael Addo Aug 21, 2024 2 By Court A plea of “guilty” is entered for the accused person, considering his explanation. Prosecutor (Reads out the facts). My lord the medical report is here. By Court Mr. Addo, did anyone advise, caution, or pressure you to plead “guilty”? Accused Person No one advised me. By Court The prosecutor has filed a Bone Age Determination Report signed by Dr. Francis Ofei stating that the child’s bone age is estimated to be between 12 and 13 years. In the medical report dated 11 August 2024, Supt. Jr. Dr. Kizi Serwaa Anterkyi of the Ghana Police Hospital states that the child was in obvious pain with small ulcers (sores) on the labia majora and minora. She also had a tear at 6 o’clock of the vaginal introitus which was bleeding during the exam. Her hymen was not intact. Labs were normal. No spermatozoa were seen on HVS routine examination. Labs were negative for STI’s. She was started on Judgment Rep v. Ishmael Addo Aug 21, 2024 3 medication for the sores and the perineum and was to return for a review within a week. Complainant The child’s identity documents are in the village in Appam. I can’t go to bring them because it’s too far. They are all missing. By Court You told us the ID cards were in Appam. Now you say it is too far to go for them and they are missing. Complainant They were with my mother – when she died, they all got lost. I don’t have them. By Court Why did you tell us the ID cards were in Appam then? Complainant I forgot a little. By Court Madam, what is your child’s birth date? Judgment Rep v. Ishmael Addo Aug 21, 2024 4 Complainant Please I gave birth to her in August (repeats 3 times). By Court What date? Complainant Saturday. By Court In what year did you give birth to your child? Complainant There was a famine in that year. By Court Madam are you referring to your own birth date or the child’s birth date? Complainant The child’s birth date. By Court Was the famine in Ghana or in your village? Judgment Rep v. Ishmael Addo Aug 21, 2024 5 Complainant It was our hometown. I gave birth to her in Appam. The offence has really disturbed me because he was sleeping with me and my daughter. At first, the relationship between us, how the child and I were, and when it happened, my child could not tell me. My child and I had a good relationship, we had no issue, but when I returned and she told me what happened, we are not as close as we were. Victim The accused’s actions have caused me pain in my vagina and that place has become sore. Emotionally I am hurt, sometimes. Accused Person I am not married. I have one child. A 14 year old girl. She lives with my mother. My mother looks after her. Sometimes I send her money. Sometimes GH¢50. Not often. I am a chainsaw operator. I used to contribute to the victim’s upkeep. Sometimes I gave GH¢100 or GH¢150. Whenever I went to work and had money, I sent it to them. I slept with her twice. SENTENCING GUIDELINES Offence – 1st degree felony, 7 – 25 years. Aggravating Factors - large age difference Judgment Rep v. Ishmael Addo Aug 21, 2024 6 - vulnerable victim - psychological and physical injury - violation of safe place - family and position of trust (stepfather) Mitigating Factors - short duration - lesser violence Level D – 12 – 15 years. JUDGEMENT The accused person, Ishmael Addo, a 43 -year-old chain saw operator is convicted on his own “guilty” plea of 2 counts of defilement, contrary to section 101(2) of the Criminal and Other Offences Act, 1960 (Act 29). The accused person is sentenced to serve fifteen years at the Nsawam Medium Security Prison in hard labour for each offence. The sentences shall run concurrently. The accused person shall be enrolled in a work program and have counselling during his prison term. Judgment Rep v. Ishmael Addo Aug 21, 2024 7 The victim is referred to the Clinical Psychologist at the DOVVSU One Stop Centre. The accused person shall pay compensation of 300 penalty units (GH¢3, 600) to the complainant which may be recovered by civil action. The accused shall pay the victim’s medical bills related to the offence. In sentencing the accused person, the Court considered the following mitigating and aggravating factors: • The duration of the offence was short. • Lesser violence was used when the offence was committed. • The large age difference between the accused person and the victim. • The victim is vulnerable. • The psychological and physical injury caused the victim. • The violation of the victim’s safe place (her home). • The fact that the accused person, abused the trust her mother the complainant placed in him when she left the victim with him. • The need for a deterrent for such offences. Prosecutor My lord the animalistic nature of some people has made it impossible for them to mingle among human beings. My lord the victim was naïve, innocent, who has been entrusted to the stepfather and my lord, the accused person taking the Judgment Rep v. Ishmael Addo Aug 21, 2024 8 advantage of the innocence of this victim and having sexual intercourse with her, my lord, accused person did not have sympathy for an innocent person. My lord, I pray the Court should not also have sympathy on the accused person in sentencing him. My lord we pray that he should be given the maximum sentence to serve as a deterrent for like-minded people who act as wolves in sheep clothes among human beings. My lord I pray accordingly. (SGD) DORA G. A. INKUMSAH ESHUN CIRCUIT JUDGE Judgment Rep v. Ishmael Addo Aug 21, 2024 9