The Republic Vrs Owusu [2022] GHACC 205 (25 October 2022)
Prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a child under 16, supported by medical and witness evidence, and the accused's own admissions; the defence failed to raise reasonable doubt.
- Citation
- [2022] GHACC 205
- Parties
- Prosecution: The Republic; Accused: Justice Owusu
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 25 October 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Defilement, Sexual Offences, Evidence, Age Determination, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Justice Owusu
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had carnal knowledge of the complainant under 16 years of age
- 2 Whether the prosecution proved the age of the complainant
- 3 Whether the identity of the accused as perpetrator was established
Ratio Decidendi
Prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a child under 16, supported by medical and witness evidence, and the accused's own admissions; the defence failed to raise reasonable doubt.
Court Disposition
conviction and sentence
Orders
- Accused convicted of defilement contrary to s. 101 of Act 29
- Sentenced to ten years imprisonment in hard labour
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