Republic Vrs Otibu Tetteh [2022] GHACC 121 (29 November 2022)

Republic Vrs Otibu Tetteh [2022] GHACC 121 (29 November 2022)

The prosecution proved beyond reasonable doubt that the accused, and no other person, had sexual intercourse with the victim, a child under 16, and the accused's intoxication did not amount to a defence; thus, the accused is guilty of defilement.

Citation
[2022] GHACC 121
Parties
Prosecution: The Republic; Accused: Otibu Tetteh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Defilement, Sexual Offences, Burden of Proof, Capacity to Consent, Standard of Proof, Intoxication as Defence
Source Language
English
Criminal Law Defilement Sexual Offences Burden of Proof Capacity to Consent Standard of Proof Intoxication as Defence

Case Brief

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Parties

The Republic

Prosecution

Otibu Tetteh

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed defilement of a child under 16 years contrary to section 101(1) of the Criminal Offences Act 1960 (Act 29)
  2. 2 Whether the prosecution proved the essential ingredients of defilement beyond reasonable doubt
  3. 3 Whether the accused's intoxication constituted a valid defence

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, and no other person, had sexual intercourse with the victim, a child under 16, and the accused's intoxication did not amount to a defence; thus, the accused is guilty of defilement.

Court Disposition

conviction

Orders

  • Accused found guilty of defilement under section 101(1) of the Criminal Offences Act 1960 (Act 29)
  • Sentencing deferred due to accused's medical emergency