CIV.APP.16/2003

IN THECOURT OF APPEAL OF SIERRA LEONE

MOMODU KOROMA VS. THE STATE CORAM:-

HON. MR. JUSTICE JON KAMANDA                    - J.A. (PRESIDING)

HON.MRS JUSTICE S. BASH-TAQI                        - JUSTICE OF APPEAL

HON. MR. JUSTICE S.A. ADEMOSU                      - JUSTICE OF APPEAL

S.A. BAH ESQ., for State Counsel Appellant in person.

JUDGEMENT DELIVERED ON THE 27th DAY OF SEPTEMBER, 2006 BY THE HON. JUSTA1CE JON KAMANDA - J.A.

The Appellant was charged with the offence of unlawful carnal knowledge contrary to Section 6 of Cap. 31 of the Prevention of cruelty to children Act. The particulars of offence allege that the appellant on Tuesday 9th May, 2000 at Malama Lumley, Freetown in the Western Area of Sierra Leone had unlawful carnal knowledge with Mariama Sesay a child under the age of 14years, to wit 9 years. The Appellant was tried by Judge alone in the High Court in Freetown and on 18th May, 2000 was found guilty of the offence charged and sentenced to the maximum imprisonment term of 15 years.

The Appellant comes to this Court on an appeal against sentence. He is asking this court to reduce the sentence and make him serve only 4 years instead of the remaining 8. Let it be said at this point that the sentence is within the bounds allowed by the law. The Appellant was a friend of the victim's father. The victim, a 9 year old pupil of the CCSL Primary School was on her way selling coal when appellant invited her to his house saying that he had a message for her father. When she entered the house appellant grabbed her, stuffed clothes into her mouth and forcibly had sexual intercourse with her. She bled and made a report to her mother when she got home. She was examined in hospital and it was confirmed by the Doctor that her hymen had just recently been ruptured. These details are gory and diabolical. The judge was right to impose the maximum sentence on the appellant, a man with children of his own, one of them only as old as the victim.

The court finds no justifiable reason to alter this sentence, and is in total agreement with Mr. Bah's response to appellant case before this court.

The appeal is dismissed and the sentence of 15 years is confirmed.

..........................................................I agree

..........................................................I agree