The Republic Vrs Sowah [2022] GHACC 204 (28 November 2022)
The accused was found guilty of defilement because the prosecution proved beyond reasonable doubt that he had carnal knowledge of a child under 16 years, and the victim's consent was immaterial. The accused was acquitted of abduction as reasonable doubt was raised regarding whether the victim was held against her will.
- Citation
- [2022] GHACC 204
- Parties
- Prosecutor: The Republic; Accused: Emmanuel Sowah
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 28 November 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction on defilement, acquittal on abduction
- Legal Topics
- Defilement, Abduction, Sexual Offences, Age Determination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecutor
Emmanuel Sowah
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused committed defilement of a child under 16 years
- 2 Whether the accused abducted the complainant's daughter
Ratio Decidendi
The accused was found guilty of defilement because the prosecution proved beyond reasonable doubt that he had carnal knowledge of a child under 16 years, and the victim's consent was immaterial. The accused was acquitted of abduction as reasonable doubt was raised regarding whether the victim was held against her will.
Court Disposition
conviction on defilement, acquittal on abduction
Orders
- Accused sentenced to 7 years imprisonment for defilement
- Accused acquitted of abduction
Full Case Text
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