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Court of Appeal reverses Akuapem Poloo’s 90 days jail term; slapped with GH¢12,000 fine

Mabel Boamah by Mabel Boamah
5 years ago
in E-News
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Court of Appeal reverses Akuapem Poloo's 90 days jail term; slapped with GH¢12,000 fine
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Akuapem Poloo’s 90-day prison sentence was overturned by the Court of Appeal, and she was instead fined GH12,000 by the court.

Rosemond Alade Brown, a.k.a. Akuapem Poloo, was sentenced to 90 days in prison by an Accra Circuit Court in June 2020 for posting nude and obscene images of her seven-year-old kid on social media.

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She was charged with publishing a nude picture of herself with her son, publishing obscene materials, engaging in domestic violence, which is defined as any conduct that undermines or is likely to undermine another person’s privacy or integrity, and engaging in domestic violence, which is defined as any conduct that detracts or is likely to detract from another person’s dignity and worth as a human being.

She changed her initial not guilty plea to guilty, and the circuit court found and sentenced her accordingly.

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She did, however, submit an appeal with the Accra High Court to oppose the 90-day prison sentence imposed on her on April 16, 2021.

The High Court denied her appeal, ruling that the circuit court’s sentence was not obviously disproportionate.

She appealed to the Court of Appeal, and the prison sentence was overturned and a fine of GH12,000 was given instead.

She was charged with publishing a nude picture of herself with her son, publishing obscene materials, engaging in domestic violence, which is defined as any conduct that undermines or is likely to undermine another person’s privacy or integrity, and engaging in domestic violence, which is defined as any conduct that detracts or is likely to detract from another person’s dignity and worth as a human being.

She changed her initial not guilty plea to guilty, and the circuit court found and sentenced her accordingly.

She did, however, submit an appeal with the Accra High Court to oppose the 90-day prison sentence imposed on her on April 16, 2021.

The High Court denied her appeal, ruling that the circuit court’s sentence was not obviously disproportionate.

She appealed to the Court of Appeal, and the prison sentence was overturned and a fine of GH12,000 was given instead.

Akuapem Poloo’s 90-days jail term was fair – Court of Appeal

According to Graphic Online’s court reporter, Justice Agbenorsi, the convict was instead fined GH12, 000 by the Court of Appeal in Accra.

The Appellate Court’s three-member panel, headed by Justice Henry Anthony Kwoffie, ruled that the 90-year prison sentence was justified.

However, the panel’s reasoned opinion, which included Justices Bright Mensah and Eric Baah, took into account Poloo’s seven-year-old son and the fact that she was a single mother.

As a result, the court substituted a fine for the jail term.

On count one, she was sentenced to 1000 (GH12,000) penalty units, and on counts two and three, she was condemned to 500 (GH6,000) penalty units each.

The sentences must run in the same order.

In default, Poloo will serve 90 days in prison.

Circuit court

On April 16, 2021, an Accra Circuit Court presided over by Ms Christiana Cann condemned Akuapem Poloo to 90 days in jail for posting a naked picture of herself standing in front of her kid on social media.

This was after she pleaded guilty to charges of publishing obscene material in violation of the Criminal Offences Act, 1960 (Act 29), engaging in domestic violence, namely conduct that undermined or was likely to undermine another person’s privacy or integrity in violation of Sections 1(d) (iii) and 3(2) of the Domestic Violence Act, 2007 (Act 732), and engaging in domestic violence, namely conduct that detracted or was likely to detract from another person’s dignitary

First Appeal

However, on April 19, 2021, the actress filed an appeal at the Accra High Court [Criminal Court 2 Division] via her solicitor, Mr Andrews Vortia, to oppose the Circuit Court’s verdict.

Akuapem Poloo’s appeal was based on two reasons.

For starts, she claimed that since she was a first-time offender, the Circuit Court should have treated her guilty plea as a mitigating factor while imposing the sentence.

Second, the convicted actress contended that instead of a prison term, the trial judge should have placed a fine on her.

Akuapem Poloo has also applied for bail until the outcome of her appeal.

The actress was granted bail for GH80,000 with three sureties.

Poloo was granted bail by Justice Aryeetey, who ordered her to report to the police every two weeks and to leave her passport at the court’s registry.

Dismissed

On Wednesday, December 1, 2021, the High Court denied Rosemond Alade Brown’s appeal, which sought to overturn the 90-day prison sentence imposed by the Accra Circuit Court on April 16, this year.

Poloo, dissatisfied with the High Court’s decision, filed an appeal with the Court of Appeal, contesting the High Court’s denial of her appeal.

Read Also: Google threatens to fire employees flouting Covid-19 vaccination rules

SOURCE: Graphic.com

Mabel Boamah

Mabel Boamah

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