REPUBLIC VRS YAO (D6/13/2023) [2022] GHACC 316 (8 August 2022)
The prosecution proved all elements of the offence: the accused had carnal knowledge of the victim, who was an imbecile, and the accused knew of her incapacity. The defence was neither acceptable nor reasonable. The prosecution's evidence was credible and uncontroverted.
- Citation
- [2022] GHACC 316
- Parties
- Prosecution: The Republic; Accused: Richard Yao
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 8 August 2022
- Case Number
- D6/13/2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Carnal Knowledge, Sexual Offences, Mental Incapacity, Evidence, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Richard Yao
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had carnal knowledge of the victim
- 2 Whether the victim was an imbecile or mentally incapacitated
- 3 Whether the accused knew of the victim's mental incapacity
Ratio Decidendi
The prosecution proved all elements of the offence: the accused had carnal knowledge of the victim, who was an imbecile, and the accused knew of her incapacity. The defence was neither acceptable nor reasonable. The prosecution's evidence was credible and uncontroverted.
Court Disposition
conviction
Orders
- The accused is found guilty and convicted.
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