Republic Vrs Wisdom Agbenyo [2022] GHACC 234 (25 October 2022)
The prosecution failed to prove penetration beyond reasonable doubt, but proved that the accused sexually violated the victim, a child under sixteen, in a manner not amounting to carnal knowledge. The accused is therefore guilty of indecent assault, not defilement.
- Citation
- [2022] GHACC 234
- Parties
- Prosecution: The Republic; Accused: Wisdom Agbenyo
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 25 October 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- Convicted of indecent assault; acquitted of defilement
- Legal Topics
- Defilement, Indecent Assault, Burden of Proof, Consent in Sexual Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Republic
Prosecution
Wisdom Agbenyo
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had natural or unnatural carnal knowledge of the victim
- 2 Whether the prosecution proved all elements of defilement
- 3 Whether the accused could be convicted of a lesser offence (indecent assault)
Ratio Decidendi
The prosecution failed to prove penetration beyond reasonable doubt, but proved that the accused sexually violated the victim, a child under sixteen, in a manner not amounting to carnal knowledge. The accused is therefore guilty of indecent assault, not defilement.
Court Disposition
Convicted of indecent assault; acquitted of defilement
Orders
- Accused sentenced to six months imprisonment with hard labour
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment