Momodu Koroma v S (CR APP 16 of 2003) [2006] SLCA 19 (27 September 2006)

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CR. APP 16/2003 j 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., fo: State Counsel Appellant in person | JUDGEMENT DELIVERED ON THE 27™ DAY OF SEPTEMBER, 2006 BY THE ! HON. JUSTAICE 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 thz appellant on Tuesday g* May, 2000 at Malama Lumley, Freetown in the Western Area of Sierra Leone had unlawful camal knowledge with Mariama Sesay a child under the age of l4years, to wit 9 years. The Appellant was tried by Judge alone in the High Cott in Freetown and on 18 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, a9 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 clathes into her mouth and forcibly had sexual intercourse with her. She bled and made 2 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 tuptured. These details are gory and diabolical. The judge was right .o 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 10 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. 1 Doe

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