Republic Vrs Armah [2023] GHACC 193 (28 October 2023)

Republic Vrs Armah [2023] GHACC 193 (28 October 2023)

The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim and that the essential elements of the offence were established. There were inconsistencies and insufficient evidence linking the accused to the alleged act.

Citation
[2023] GHACC 193
Parties
Prosecution: The Republic; Accused: Sampson Armah alias Fiifi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 October 2023
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge
Legal Topics
Defilement, Burden of Proof, Evidence, Carnal Knowledge
Source Language
English
Criminal Law Defilement Burden of Proof Evidence Carnal Knowledge

Case Brief

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Parties

The Republic

Prosecution

Sampson Armah alias Fiifi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

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

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim and that the essential elements of the offence were established. There were inconsistencies and insufficient evidence linking the accused to the alleged act.

Court Disposition

Acquittal and discharge

Orders

  • Accused person is acquitted and discharged.