The Republic Vrs Sam [2022] GHACC 206 (12 November 2022)

The Republic Vrs Sam [2022] GHACC 206 (12 November 2022)

The accused was convicted of defilement of Grace Atta Kow because her testimony, corroborated by medical evidence and her identification of the accused, established the offence beyond reasonable doubt. The prosecution failed to prove the accused defiled Christiana Adzogbley or threatened Grace with death due to lack of credible identification and direct evidence.

Citation
[2022] GHACC 206
Parties
Prosecutor: The Republic; Accused: Kojo Sam
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
12 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction on Count 1 (defilement of Grace Atta Kow); acquittal on Counts 2 and 3 (defilement of Christiana Adzogbley and threat of death)
Legal Topics
Defilement, Threat of Death, Evidence, Identification, Burden of Proof
Source Language
English
Criminal Law Child Protection Defilement Threat of Death Evidence Identification Burden of Proof

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Parties

The Republic

Prosecutor

Kojo Sam

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled Grace Atta Kow
  2. 2 Whether the accused defiled Christiana Adzogbley
  3. 3 Whether the accused threatened Grace Atta Kow with death

Ratio Decidendi

The accused was convicted of defilement of Grace Atta Kow because her testimony, corroborated by medical evidence and her identification of the accused, established the offence beyond reasonable doubt. The prosecution failed to prove the accused defiled Christiana Adzogbley or threatened Grace with death due to lack of credible identification and direct evidence.

Court Disposition

conviction on Count 1 (defilement of Grace Atta Kow); acquittal on Counts 2 and 3 (defilement of Christiana Adzogbley and threat of death)

Orders

  • Accused convicted of defilement of Grace Atta Kow and sentenced to 7 years’ imprisonment.
  • Accused acquitted of defilement of Christiana Adzogbley.