The Republic Vrs Somiah [2022] GHACC 99 (10 October 2022)

The Republic Vrs Somiah [2022] GHACC 99 (10 October 2022)

The accused was found guilty because the prosecution proved beyond reasonable doubt that he had carnal knowledge of a child under sixteen, and consent is not a defence to the offence of defilement.

Citation
[2022] GHACC 99
Parties
Prosecution: The Republic; Accused: Kwasi Somiah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Criminal / Judgment
Outcome
convicted
Legal Topics
Defilement, Sexual Offences, Child Protection
Source Language
English

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Parties

The Republic

Prosecution

Kwasi Somiah

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused had carnal knowledge of a child under sixteen years of age
  2. 2 Whether the prosecution proved the offence of defilement beyond reasonable doubt

Ratio Decidendi

The accused was found guilty because the prosecution proved beyond reasonable doubt that he had carnal knowledge of a child under sixteen, and consent is not a defence to the offence of defilement.

Court Disposition

convicted

Orders

  • Accused sentenced to 10 years imprisonment with hard labour