Republic Vr Thomas Kofi Agbanu [2022] GHACC 217 (8 December 2022)

Republic Vr Thomas Kofi Agbanu [2022] GHACC 217 (8 December 2022)

The prosecution proved beyond reasonable doubt that the accused, Thomas Kofi Agbanu, had natural carnal knowledge of the victim, a child under sixteen, as established by the victim's consistent testimony, corroborating witnesses, and medical evidence. The accused's denial was unconvincing and unsupported by evidence.

Citation
[2022] GHACC 217
Parties
Prosecution: The Republic; Accused: Thomas Kofi Agbanu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
8 December 2022
Procedural Posture
Criminal / Judgment
Outcome
convicted and sentenced
Legal Topics
Defilement, Burden of Proof, Evidence Evaluation, Sentencing
Source Language
English
Criminal Law Defilement Burden of Proof Evidence Evaluation Sentencing

Case Brief

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Parties

The Republic

Prosecution

Thomas Kofi Agbanu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had natural or unnatural carnal knowledge of a child under sixteen years of age
  2. 2 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, Thomas Kofi Agbanu, had natural carnal knowledge of the victim, a child under sixteen, as established by the victim's consistent testimony, corroborating witnesses, and medical evidence. The accused's denial was unconvincing and unsupported by evidence.

Court Disposition

convicted and sentenced

Orders

  • The accused, Thomas Kofi Agbanu, is convicted of defilement and sentenced to seven years imprisonment with hard labour.