REPUBLIC VRS ADAMA (B7/01/2024) [2023] GHACC 1155 (2 October 2023)

REPUBLIC VRS ADAMA (B7/01/2024) [2023] GHACC 1155 (2 October 2023)

The facts and evidence did not support the charge of robbery as the accused's use of force was primarily to facilitate rape, not theft. The accused is therefore not guilty of robbery but is convicted of a lesser offence of causing harm.

Citation
[2023] GHACC 1155
Parties
Prosecution: The Republic; Accused: Jaliru Adama
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
2 October 2023
Case Number
B7/01/2024
Procedural Posture
Criminal / Judgment
Outcome
Convicted of causing harm; acquitted of robbery
Legal Topics
Robbery, Rape, Causing Harm, Evidential Burden, Sentencing
Source Language
English
Criminal Law Robbery Rape Causing Harm Evidential Burden Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Jaliru Adama

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed robbery as charged
  2. 2 Whether the facts support a conviction for robbery or a lesser offence
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The facts and evidence did not support the charge of robbery as the accused's use of force was primarily to facilitate rape, not theft. The accused is therefore not guilty of robbery but is convicted of a lesser offence of causing harm.

Court Disposition

Convicted of causing harm; acquitted of robbery

Orders

  • Accused sentenced to two years imprisonment with hard labour
  • Accused to remain on remand for possible arraignment on charges of rape