The Republic v Mahama (B6/O7/2025) [2025] GHADC 258 (14 February 2025)

IN THE JUVENILE COURT TECHIMAN HELD ON 14TH FEBRUARY 2025 BEFORE HER WORSHIP SANDRA XORLALI LAVISON SITTING AS AN ADDITIONAL MAGISTRATE WITHMADAMELLENWHITE ANDMR. SOLOMON SUITNO.B6/O7/2025 THE REPUBLIC VRS. IBRAHIMMAHAMA JUVENILE-Present with grand-father and grand-uncle COMPLAINANT-Present withher parents. PROSECUTION–D/Inspr. FamousAgbasahfor the Republic LEGAL REPRESENTATION-No legalrepresentation JUDGMENT BACKGROUND The Juvenile,16years of age was on 29th November 2024 charged before this Court with one (1) count of Defilement of a female aged 9years contrary to Section 101(1) of the Criminal Offences Act1960(Act 29). Particulars of Offence: Ibrahim Mahama for that you on 19th November, 2024 at Kenten and within the jurisdiction of this Court did carnally know one Nimatu Mapuchi Salia afemale of9years. Brief Facts as per the Charge sheet: Complainant in this case is Gawusu Salia aged 43 years, a driver whiles the victim Nimatu Mapuchi Salia aged 9years a pupil at Taudi English Arabic School at Kenten. Juvenile Offender Ibrahim Mahama aged 17 years has completed Junior High School. They all stay in the same house. On 19/11/2024 at about 6:30pm the victim’s mother Abdul Rahman Fauzia sent her to buy her kenkey. The victim on her way home met Juvenile Offender. He held the victim’s hand and took her toanuncompleted building nearby. He then pushed her to the ground, removed her panty, inserted his penis into her vagina and forcibly had unprotected sex with her. In the cause of the act one Gamusel came to catch them and went and inform the victim’s mother. As at that time the father of the victim was not around. On 27/11/2024 the complainant lodged a complainant with the Police. Complainant was issued with a medical form to send the victim to the hospital for examination, treatment and endorsement. The victim was sent to Holy Family Hospital where she was treated and examined. On 28/11/2024, the Juvenile was arrested and the complainant returned to Police the medical form of the victim duly endorsed by the medical OFFICER of the Holy Family Hospital, Techiman which partly reads as follows: THE VULVA APPEARS CLEAN AND HEALTHY, THERE IS AN OLD LOOKING ABRASION ON VAGINA VESTIBULE WHICH IS NOT BLEEDING, THE HYMENAPPEARS TORNED. Statement was obtained from the complainant. The juvenile offender in his cautioned statement admitted the offence. Juvenile was then charged with the offence stated on thecharge sheet. On 31st January 2025 when the matter came up for hearing, the Juvenile pleaded guilty to the charge and was convicted on his own plea of guilty. The Court adjourned for the socialenquiry reporttobe submittedbefore sentencing the Juvenile. TheSocial Enquiry Report. The Juvenile Court is always guided by Section 24(1) of the Juvenile Justice Act, 2003 (Act 653) in sentencing a juvenile and it states “where a juvenile is charged with an offence, the Juvenile Court shall order a social enquiry report (SER) to be submitted to theCourtwhich shall betaken intoaccountwhen makinganorder” The Probation Officer Mr.Addae Kusi Isaac conducted investigations and submitted his report to the Court. The report revealed the nature of the offence, the character, background and home surroundings of the Juvenile as well as the circumstances that ledtothe offence committed. The SER gathered that the Juvenile is 16 years old who lost his mother at the tender age of5and isyet tomeethis biological father. A significant part of his childhood years was spent with his Uncle known as Latif in Kadelso in Kintampo, where he completed his Junior High School education. He came to Techiman to live with his maternal grandfather after JHS. The grandfather is a 79 year old man and unemployed, however has been the one taking full responsibility of the Juvenile since his childhood. The Juvenile is currently a first year student at the Gyarko Senior High School in Techiman. He seems not to have any known friends. The Report indicates that there are no adverse findings against him except for this incident. The Juvenile admitted that he committed the offence as narrated above. The Report indicates that the Juvenile showed some remorse during the interview and believes that the Juvenile’s behavior could be attributed to lack of good parental control. He also intimates that the possibility of the offender committing an offence such as this again could be very low if he is under good parental control. Per the Report, the Juvenile Offender is currently under the care and controlof his grand-uncle, Mr.Adama Yakubu and it seems promising. The Report indicates that the victim seems to be emotionally down and psychologically insensitive during the interview. As indicated above per the medical report, she was sexually assaulted and obviously this is atraumatizing experience for her. The Report recommend that the Juvenile is sent to the Senior Correctional Centre a year forthe purpose ofreformationand the Victim be give psychological counselling. Mitigation The Court takes note of the fact that the Juvenile pleaded guilty simpliciter thereby saving the Court the time from conducting a full trial. The SER also revealed that the Juvenile was a first time offender. He is also a first year student at Gyako Senior High School,Techiman. The Juvenile’s 79year old grandfather openly apologized to the parents of the Victim and pleaded with themtoallowhimto a. Pay forthe medical expensesofthe Victim b. Prayed the Court to be lenient with Juvenile and permit him to continue his education. The Juvenile whengiven theopportunityby theCourttosay something inmitigation seemed not tohaveanything tosay.The Courtfinds that eventhoughhe pleaded with theJuvenile’smotherand the Victim, he didnot showenoughremorse. The Court’s observationis thathe doesnot appreciate theenormity ofthe offence committed. Analysis The Juvenile herein was charged for the defilement of a child under sixteen (16) years of age contrary to Section 101 (2) of the Criminal Offences Act 1960 (Act 29). He pleaded guilty simpliciter and was convicted on his own plea of guilty. The law requires that in determining the sentence to impose on a juvenile, the juvenile’s best interest must be the paramount consideration. This consideration should take into cognizance the nature of the offence committed and the prescribed punishment as well. That is to say that whatever considerations the court resorts to should be proportional to the seriousness of the offence committed by the juvenile. It should also be geared more at reforming the juvenile rather than a punishment. The Court believes that considering the circumstances ofthe case and the behaviorof theJuvenile it will be in his best interest to detain him for the next three (3) years where he will continue his education. The Court believesthathe will come out asareformed person Section 46(8) of Act 653 lists the offences considered to be serious offences and these includes murder, rape, defilement, indecent assault, robbery with aggravated circumstances, drug offences and offences related to firearms and the punishment for such offences is to detain such an offender at a Correctional Center. Section 46(1) (d) of Act 653 provides that “ … the period of detention shall not exceed three (3) years for a seriousoffence. The evidence on record shows that the offence committed by the Juvenile herein falls within the offences considered as a serious offence per Act 653. That the Juvenile needs reformationgiven his delinquent behaviorand his attitude during proceedings. Sentencing Pursuant to Section 44, 45 and 46 0f Act 653, the Juvenile is hereby committed to the Senior Correctional Centre for a period of thirty six (36) months. The Juvenile’s family should pay for the medical expenses incurred by the victim’s parents. The family shall also contribute an amount of GH500 monthly towards the upkeep of the Juvenile at the correctional centre.The Victimshould also be given psychological counseling. SGD ……………………………………….. H/W SANDRA XORLALI LAVISON IAGREE IAGREE ………………………………….. ………………………….…… ELLENWHITE OPOKU SOLOMONK. AMANING