Republic Vrs Antwi and 1 Other [2022] GHACC 172 (19 October 2022)

Republic Vrs Antwi and 1 Other [2022] GHACC 172 (19 October 2022)

The accused was found guilty of permitting his premises to be used for the defilement of a child under sixteen, based on his own cautioned statement and the credible testimony of the victim. He was acquitted of the charge of attempt to defile, as his conduct did not amount to an overt act constituting an attempt under criminal law.

Citation
[2022] GHACC 172
Parties
Prosecution: The Republic; Accused: Stephen Antwi; Accused: Foster (at large)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 October 2022
Procedural Posture
Criminal / Judgment
Outcome
convicted on count 1 (permitting defilement), acquitted on count 2 (attempt to defile)
Legal Topics
Defilement, Attempt to Commit Crime, Evidence, Burden of Proof, Sentencing
Source Language
English
Criminal Law Child Protection Defilement Attempt to Commit Crime Evidence Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Stephen Antwi

Accused

Foster (at large)

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused permitted others to use his premises to defile a child under sixteen
  2. 2 Whether the accused attempted to defile the victim

Ratio Decidendi

The accused was found guilty of permitting his premises to be used for the defilement of a child under sixteen, based on his own cautioned statement and the credible testimony of the victim. He was acquitted of the charge of attempt to defile, as his conduct did not amount to an overt act constituting an attempt under criminal law.

Court Disposition

convicted on count 1 (permitting defilement), acquitted on count 2 (attempt to defile)

Orders

  • Accused sentenced to eight years imprisonment with hard labour without the option of a fine.