Republic Vrs Mensah and Another [2022] GHACC 138 (31 October 2022)
The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a female under sixteen years, supported by direct and circumstantial evidence, medical reports, and corroboration, and the accused failed to raise any reasonable doubt.
- Citation
- [2022] GHACC 138
- Parties
- Prosecution: The Republic; Accused: Atta Mensah; Accused: Emmanuel Kwesi Dawood Mensah
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 31 October 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Defilement, Incest, Assault, Abortion, Abetment of Crime, Burden of Proof, Circumstantial Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Atta Mensah
Accused
Emmanuel Kwesi Dawood Mensah
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had carnal knowledge of the survivor under sixteen years of age
- 2 Whether the prosecution proved the offence of defilement beyond reasonable doubt
- 3 Whether the accused raised a reasonable doubt as to his guilt
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a female under sixteen years, supported by direct and circumstantial evidence, medical reports, and corroboration, and the accused failed to raise any reasonable doubt.
Court Disposition
conviction and sentence
Orders
- Accused convicted of defilement under Section 101(2) of Act 29
- Accused sentenced to twelve (12) years imprisonment with hard labour
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