Republic Vrs Daniel Sabah Kpobi [2022] GHACC 230 (3 October 2022)

Republic Vrs Daniel Sabah Kpobi [2022] GHACC 230 (3 October 2022)

The accused admitted in his cautioned statement to having sexual intercourse with the victim, who was medically confirmed to be mentally deranged. The court inferred from the circumstances and the accused's conduct that he knew of the victim's mental incapacity. The prosecution proved its case beyond reasonable doubt.

Citation
[2022] GHACC 230
Parties
Prosecution: The Republic; Accused: Emmanuel Kusorgbor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Carnal Knowledge, Sexual Offences, Mental Incapacity, Burden of Proof, Confession
Source Language
English
Criminal Law Carnal Knowledge Sexual Offences Mental Incapacity Burden of Proof Confession

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Kusorgbor

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had carnal knowledge of the victim
  2. 2 Whether the accused knew the victim was mentally incapacitated

Ratio Decidendi

The accused admitted in his cautioned statement to having sexual intercourse with the victim, who was medically confirmed to be mentally deranged. The court inferred from the circumstances and the accused's conduct that he knew of the victim's mental incapacity. The prosecution proved its case beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • The accused, Emmanuel Kusorgbor, is convicted of carnal knowledge of a mentally incapacitated person.
  • The accused is sentenced to five (5) years imprisonment.