The Republic Vrs Atuguba [2022] GHACC 184 (21 December 2022)

The Republic Vrs Atuguba [2022] GHACC 184 (21 December 2022)

The prosecution proved beyond reasonable doubt that the accused defiled the 3-year-old victim, supported by direct eyewitness testimony, medical evidence of penetration and injury, and the accused’s failure to raise any credible doubt or alibi.

Citation
[2022] GHACC 184
Parties
Prosecution: The Republic; Accused: Matthew Atuguba
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Burden of Proof, Evidence, Sentencing
Source Language
English
Criminal Law Defilement Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Matthew Atuguba

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled a 3-year-old child contrary to section 101 of the Criminal Offences Act 29
  2. 2 Whether the prosecution proved the offence beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused defiled the 3-year-old victim, supported by direct eyewitness testimony, medical evidence of penetration and injury, and the accused’s failure to raise any credible doubt or alibi.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty of defilement of a 3-year-old child.
  • Accused sentenced to 22 years imprisonment with hard labour.