THE REPUBLIC VRS BOATENG (B6/01/2024) [2023] GHACC 1147 (29 August 2023)
The accused pleaded guilty and the medical evidence confirmed penetration of a child under sixteen years, satisfying the elements of defilement under Section 101 of Act 29. The court considered the accused's age and plea in mitigation but imposed a custodial sentence to deter similar offences and protect vulnerable children.
- Citation
- [2023] GHACC 1147
- Parties
- Prosecution: The Republic; Accused: Asamoah Boateng alias Kwaku Mate
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 29 August 2023
- Case Number
- B6/01/2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- convicted and sentenced
- Legal Topics
- Defilement, Sexual Offences, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Asamoah Boateng alias Kwaku Mate
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused unlawfully had carnal knowledge of a child under sixteen years of age contrary to Section 101 of the Criminal and Other Offences Act 1960 (Act 29)
Ratio Decidendi
The accused pleaded guilty and the medical evidence confirmed penetration of a child under sixteen years, satisfying the elements of defilement under Section 101 of Act 29. The court considered the accused's age and plea in mitigation but imposed a custodial sentence to deter similar offences and protect vulnerable children.
Court Disposition
convicted and sentenced
Orders
- Accused convicted on his own plea of guilty.
- Accused sentenced to 15 years in hard labour.
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