Republic Vrs Bregory [2023] GHACC 183 (11 May 2023)

Republic Vrs Bregory [2023] GHACC 183 (11 May 2023)

The prosecution proved beyond reasonable doubt that Abraham Bregory had unlawful carnal knowledge of Sarah Amankwaa, a child under sixteen, based on credible witness testimony and medical evidence. The accused's denial and claim of incapacity were unsubstantiated. The prosecution failed to prove the offence regarding Blessing Fosu.

Citation
[2023] GHACC 183
Parties
Prosecution: The Republic; Accused: Abraham Bregory
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 May 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
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

Abraham Bregory

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had sexual intercourse with the victim Sarah Amankwaa
  2. 2 Whether the victim was under sixteen years of age at the time of the alleged offence
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that Abraham Bregory had unlawful carnal knowledge of Sarah Amankwaa, a child under sixteen, based on credible witness testimony and medical evidence. The accused's denial and claim of incapacity were unsubstantiated. The prosecution failed to prove the offence regarding Blessing Fosu.

Court Disposition

Conviction and sentence

Orders

  • Accused found guilty of defilement of Sarah Amankwaa
  • Accused acquitted in respect of Blessing Fosu