Agborvi Vrs The Republic [2023] GHAHC 230 (31 July 2023)

Agborvi Vrs The Republic [2023] GHAHC 230 (31 July 2023)

The prosecution failed to prove beyond reasonable doubt that the appellant had carnal knowledge of the victim; absence of medical evidence of recent penetration and lack of corroboration meant an essential ingredient of the offence was not established.

Citation
[2023] GHAHC 230
Parties
Appellant: Agbovi Anthony; Respondent: The Republic
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction and sentence set aside
Legal Topics
Defilement, Burden of Proof, Standard of Proof, Appeals, Evidence Evaluation
Source Language
English
Criminal Law Defilement Burden of Proof Standard of Proof Appeals Evidence Evaluation

Case Brief

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Parties

Agbovi Anthony

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the appellant had carnal knowledge of the victim under 16 years
  2. 2 Whether the conviction was against the weight of evidence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the appellant had carnal knowledge of the victim; absence of medical evidence of recent penetration and lack of corroboration meant an essential ingredient of the offence was not established.

Court Disposition

appeal allowed; conviction and sentence set aside

Orders

  • Conviction and sentence of 10 years imprisonment for defilement set aside