Republic Vrs Sackey [2022] GHACC 146 (2 November 2022)

Republic Vrs Sackey [2022] GHACC 146 (2 November 2022)

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a girl under sixteen, supported by direct and circumstantial evidence, medical report, and the accused's own caution statement, with the accused failing to raise any reasonable doubt.

Citation
[2022] GHACC 146
Parties
Prosecution: The Republic; Accused: Samuel Sackey @ Paa Kwesi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
2 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Sexual Offences, Evidence, Burden of Proof, Standard of Proof
Source Language
English
Criminal Law Defilement Sexual Offences Evidence Burden of Proof Standard of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Samuel Sackey @ Paa Kwesi

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
  3. 3 Whether the prosecution proved the offence beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a girl under sixteen, supported by direct and circumstantial evidence, medical report, and the accused's own caution statement, with the accused failing to raise any reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of defilement under Section 101(2) of Act 29 and sentenced to sixteen years imprisonment with hard labour.
  • Survivor referred to University of Cape Coast Counselling Unit for counselling.