Republic Vrs Anthony Ayew [2023] GHACC 254 (15 June 2023)

Republic Vrs Anthony Ayew [2023] GHACC 254 (15 June 2023)

The accused's guilty plea, corroborated by the victim's testimony and medical evidence, established his guilt on two counts of defilement and one count of indecent assault. Aggravating factors including the victim's vulnerability, violation of a safe place, psychological injury, and breach of customary taboo justified a severe sentence. The court imposed concurrent sentences of 15 years for each defilement count and 6 months for indecent assault, with additional orders for compensation, medical bill payment, and psychological counselling for the survivor.

Citation
[2023] GHACC 254
Parties
Prosecutor: The Republic; Accused: Anthony Ayew
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 June 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Indecent Assault, Sentencing, Compensation, Child Victim Impact, Medical Evidence
Source Language
English
Criminal Law Child Protection Defilement Indecent Assault Sentencing Compensation Child Victim Impact Medical Evidence

Case Brief

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Parties

The Republic

Prosecutor

Anthony Ayew

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed defilement of a child under sixteen years of age
  2. 2 Whether the accused committed indecent assault
  3. 3 Appropriate sentence and ancillary orders for the offences

Ratio Decidendi

The accused's guilty plea, corroborated by the victim's testimony and medical evidence, established his guilt on two counts of defilement and one count of indecent assault. Aggravating factors including the victim's vulnerability, violation of a safe place, psychological injury, and breach of customary taboo justified a severe sentence. The court imposed concurrent sentences of 15 years for each defilement count and 6 months for indecent assault, with additional orders for compensation, medical bill payment, and psychological counselling for the survivor.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to 15 years imprisonment for each count of defilement and 6 months for indecent assault, to run concurrently with hard labour.
  • Accused to be enrolled in psychological counselling and a work programme during sentence.