REPUBLIC VRS YAO (D6/13/2023) [2022] GHACC 316 (8 August 2022)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Richard Yao

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused had carnal knowledge of the victim
  2. 2 Whether the victim was an imbecile or mentally incapacitated
  3. 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.