Republic Vrs Sylvanus Kporsu [2022] GHACC 227 (15 November 2022)

Republic Vrs Sylvanus Kporsu [2022] GHACC 227 (15 November 2022)

The prosecution proved beyond reasonable doubt that the accused, Sylvanus Kporsu, had natural carnal knowledge of the victim, a child under sixteen, based on consistent witness testimony, medical evidence, and the accused's own admissions, satisfying all elements of the offence of defilement under section 101 of Act 29.

Citation
[2022] GHACC 227
Parties
Prosecution: The Republic; Accused: Sylvanus Kporsu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 November 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing
Legal Topics
Defilement, Burden of Proof, Evidence, Sentencing
Source Language
English
Criminal Law Defilement Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Sylvanus Kporsu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had carnal knowledge of a child under sixteen years of age contrary to section 101 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, Sylvanus Kporsu, had natural carnal knowledge of the victim, a child under sixteen, based on consistent witness testimony, medical evidence, and the accused's own admissions, satisfying all elements of the offence of defilement under section 101 of Act 29.

Court Disposition

Conviction and sentencing

Orders

  • The accused, Sylvanus Kporsu, is convicted of defilement and sentenced to fifteen (15) years’ imprisonment in hard labour.