Republic Vrs Aboagye [2023] GHACC 240 (23 May 2023)

Republic Vrs Aboagye [2023] GHACC 240 (23 May 2023)

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the eleven-year-old survivor, corroborated by medical evidence, eyewitness testimony, and the accused's own inconsistent statements. The accused's defence was discredited and failed to raise reasonable doubt.

Citation
[2023] GHACC 240
Parties
Prosecutor: The Republic; Accused: Richard Aboagye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 May 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Burden of Proof, Evidence Evaluation, Sexual Offences, Standard of Proof
Source Language
English
Criminal Law Defilement Burden of Proof Evidence Evaluation Sexual Offences Standard of Proof

Case Brief

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Parties

The Republic

Prosecutor

Richard Aboagye

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 case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the eleven-year-old survivor, corroborated by medical evidence, eyewitness testimony, and the accused's own inconsistent statements. The accused's defence was discredited and failed to raise reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty of defilement under Section 101(1) of Act 29
  • Accused sentenced to fifteen years imprisonment with hard labour