The Republic Vrs Jeffery Abanwine @ Akulugo [2023] GHADC 18 (14 February 2023)

The Republic Vrs Jeffery Abanwine @ Akulugo [2023] GHADC 18 (14 February 2023)

The court held that since the juvenile is alleged to have committed an offence, is under eighteen years, and has been charged and arraigned, the trial must proceed to determine guilt or innocence. The law recognizes that children can be held responsible for certain offences, and the arguments raised by counsel pertain more to human rights and can be pursued in the appropriate forum.

Citation
[2023] GHADC 18
Parties
Prosecution: The Republic; Juvenile/accused: Jeffery Abanwine alias Aklugo
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 February 2023
Procedural Posture
Criminal / Ruling on Application for Discharge
Outcome
Application for discharge dismissed; trial to proceed.
Legal Topics
Defilement, Age of Consent, Juvenile Criminal Responsibility, Discrimination
Source Language
English
Criminal Law Juvenile Justice Constitutional Law Defilement Age of Consent Juvenile Criminal Responsibility Discrimination

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Parties

The Republic

Prosecution

Jeffery Abanwine alias Aklugo

Juvenile/accused

Procedural Posture

Criminal / Ruling on Application for Discharge

Legal Issues

  1. 1 Whether a 14-year-old boy can be charged and tried for defilement of an 11-year-old girl under Ghanaian law
  2. 2 Whether prosecuting the juvenile is discriminatory and contrary to the Constitution since both parties are below the age of consent

Ratio Decidendi

The court held that since the juvenile is alleged to have committed an offence, is under eighteen years, and has been charged and arraigned, the trial must proceed to determine guilt or innocence. The law recognizes that children can be held responsible for certain offences, and the arguments raised by counsel pertain more to human rights and can be pursued in the appropriate forum.

Court Disposition

Application for discharge dismissed; trial to proceed.

Orders

  • Suit shall take its normal course.