Republic Vrs Otoo [2022] GHACC 141 (18 November 2022)

Republic Vrs Otoo [2022] GHACC 141 (18 November 2022)

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the survivor, who was under sixteen years of age, resulting in pregnancy and birth of a child. DNA evidence established the accused as the biological father. The survivor's age was confirmed by her birth certificate. The accused's and his witness's evidence was inconsistent and lacked credibility. All elements of defilement were satisfied.

Citation
[2022] GHACC 141
Parties
Prosecution: The Republic; Accused: John Otoo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
18 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Sexual Offences, Burden of Proof, Evidence, DNA Evidence, Age Determination
Source Language
English
Criminal Law Defilement Sexual Offences Burden of Proof Evidence DNA Evidence Age Determination

Case Brief

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Parties

The Republic

Prosecution

John Otoo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had carnal knowledge of the survivor
  2. 2 Whether the survivor was under sixteen years of age at the time of the offence
  3. 3 Whether the accused is the biological father of the child born by the survivor

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the survivor, who was under sixteen years of age, resulting in pregnancy and birth of a child. DNA evidence established the accused as the biological father. The survivor's age was confirmed by her birth certificate. The accused's and his witness's evidence was inconsistent and lacked credibility. All elements of defilement were satisfied.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to eight years imprisonment with hard labour for defilement.
  • Survivor referred to UUC Counselling unit for counselling.