The Republic Vrs Bediako [2023] GHACC 138 (16 May 2023)

The Republic Vrs Bediako [2023] GHACC 138 (16 May 2023)

The prosecution proved beyond reasonable doubt that the accused defiled the victim, as the victim's identification of the accused was clear and unimpeached, and the accused's alibi was uncorroborated and inconsistent.

Citation
[2023] GHACC 138
Parties
Prosecution: The Republic; Accused: Simon Bediako @ Paa Yaw
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 May 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Sexual Offences, Burden of Proof, Evidence
Source Language
English
Criminal Law Defilement Sexual Offences Burden of Proof Evidence

Case Brief

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Parties

The Republic

Prosecution

Simon Bediako @ Paa Yaw

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled the complainant in violation of section 101 of the Criminal Offences Act, 1960 Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused defiled the victim, as the victim's identification of the accused was clear and unimpeached, and the accused's alibi was uncorroborated and inconsistent.

Court Disposition

conviction and sentence

Orders

  • The accused is found guilty of defilement contrary to section 101 of the Criminal Offences Act, 1960 Act 29.
  • The accused is sentenced to 7 years in prison with hard labour.