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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Kwasi Somiah
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had carnal knowledge of a child under sixteen years of age
- 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
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