The Appellant was charged with the offence of rape contrary to the provisions of section 130 (1) (2) (e) and 131 (1) of the Penal Code [Cap 16 R.E. 2002]. He was convicted and sentenced to the mandatory jail term of thirty years. The Appellant’s appeal to the High Court was not successful and hence this second appeal.
The Respondent brought to the court’s attention that the Appellant did not comply with the mandatory requirement under the provisions of section 361 (1) (a) of the Criminal Procedure Act [Cap 20 R.E. 2002] (the CPA), which required him to lodge a notice of appeal first.