REPUBLIC VRS GYAMFI (B6/32/2023) [2023] GHACC 899 (23 October 2023)

REPUBLIC VRS GYAMFI (B6/32/2023) [2023] GHACC 899 (23 October 2023)

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a female child under sixteen years, based on medical evidence, the accused's admission, and lack of contestation of the victim's age or facts.

Citation
[2023] GHACC 899
Parties
Prosecution: The Republic; Accused: Emmanuel Yaw Gyamfi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 October 2023
Case Number
B6/32/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Burden of Proof, Evidence, Sentencing
Source Language
English
Criminal Law Sexual Offences Child Protection Defilement Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Yaw Gyamfi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

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

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of a female child under sixteen years, based on medical evidence, the accused's admission, and lack of contestation of the victim's age or facts.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of defilement contrary to section 101(2) of Act 29.
  • The accused is sentenced to 15 years imprisonment in hard labour.