Republic Vrs Stephen Mccarthy [2022] GHACC 114 (22 November 2022)

The court found that the accused's caution statement, which amounted to a confession, was voluntarily given in the presence of an independent witness and was therefore admissible.

Citation: [2022] GHACC 114
Parties: Prosecution: The Republic; Accused: Stephen McCarthy
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 22 November 2022
Procedural Posture: Criminal / Ruling on Mini Trial (voire Dire)
Outcome: caution statement admitted as evidence
Legal Topics: Defilement, Confession Statements, Admissibility of Evidence, Voluntariness of Statements, Independent Witness
Source Language: English

Criminal Law Evidence Law Defilement Confession Statements Admissibility of Evidence Voluntariness of Statements Independent Witness

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Parties

The Republic

Prosecution

Stephen McCarthy

Accused

Procedural Posture

Criminal / Ruling on Mini Trial (voire Dire)

Legal Issues

1 Whether the accused's statements amount to a confession and if so, whether they were voluntarily given

Ratio Decidendi

The court found that the accused's caution statement, which amounted to a confession, was voluntarily given in the presence of an independent witness and was therefore admissible.

Court Disposition

caution statement admitted as evidence

Orders

The caution statement of the accused person is admissible.