BOATENG V. THE STATE

OLLENNU J.S.C.

On 13 October 1964, we allowed the appeal in this case and reserved our reasons for so doing; the following are the reasons for our decision.

The appellant was convicted by Apaloo J. (as he then was) at the High Court, Kumasi, for abetting an abortion contrary to sections 20 (1) and 58 of the Criminal Code, 1960, Act 29 and sentenced to a term of ten years’ imprisonment with hard labour. That was the minimum penalty prescribed by section 1 of the Criminal Code (Amendment) (No.3) Act, 1963, Act 157. The first defendant, a girl under the age of fifteen years, whom the appellant was alleged to have abetted, was charged with the substantive offence of abortion, contrary to section 58 of Act 29, and tried together with the appellant. She was also convicted. Being precluded, by reason of the age of the girl, from imposing a sentence of imprisonment upon her, the court bound the first defendant over to keep the peace for a period of four years. She has not appealed from her conv…