REPUBLIC VRS BOATENG (B6/11/2024) [2023] GHACC 1154 (29 November 2023)
The prosecution failed to provide corroborative evidence to support the charge of attempted defilement, particularly regarding the alleged use of lubricant and the circumstances of the attempt. The defense raised reasonable doubt, and the evidential gaps left by the prosecution required acquittal of the accused.
- Citation
- [2023] GHACC 1154
- Parties
- Prosecution: The Republic; Accused: Baafi Boateng
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 29 November 2023
- Case Number
- B6/11/2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal
- Legal Topics
- Attempted Defilement, Burden of Proof, Corroboration of Evidence, Mens Rea
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Baafi Boateng
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the accused attempted to defile the victim
- 2 Whether the evidence of the complainant and other witnesses was sufficiently corroborated
- 3 Whether the accused's defense raised reasonable doubt
Ratio Decidendi
The prosecution failed to provide corroborative evidence to support the charge of attempted defilement, particularly regarding the alleged use of lubricant and the circumstances of the attempt. The defense raised reasonable doubt, and the evidential gaps left by the prosecution required acquittal of the accused.
Court Disposition
Acquittal
Orders
- The accused is acquitted and discharged of the charge of attempted defilement.
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