REPUBLIC VRS KWABENA (BR/SY/CT/67/2024) [2023] GHACC 1003 (22 December 2023)

REPUBLIC VRS KWABENA (BR/SY/CT/67/2024) [2023] GHACC 1003 (22 December 2023)

The prosecution established beyond reasonable doubt that the victim was under sixteen, sexual intercourse occurred, and the accused was the perpetrator, supported by medical evidence, credible witness testimony, and the accused's unchallenged conduct and admissions.

Citation
[2023] GHACC 1003
Parties
Prosecution: The Republic; Accused: Frank Kwabena
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 December 2023
Case Number
BR/SY/CT/67/2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Burden of Proof, Sexual Offences, Evidence
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Frank Kwabena

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the victim was under sixteen years of age
  2. 2 Whether sexual intercourse occurred with the victim
  3. 3 Whether the accused was the perpetrator

Ratio Decidendi

The prosecution established beyond reasonable doubt that the victim was under sixteen, sexual intercourse occurred, and the accused was the perpetrator, supported by medical evidence, credible witness testimony, and the accused's unchallenged conduct and admissions.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty of defilement
  • Accused sentenced to 14 years imprisonment with hard labour