REPUBLIC VRS BOATENG (BR/SY/CT/491/2023) [2023] GHACC 987 (21 December 2023)

REPUBLIC VRS BOATENG (BR/SY/CT/491/2023) [2023] GHACC 987 (21 December 2023)

The accused's voluntary confession, corroborated by medical evidence and the victim's age, established the offence of defilement beyond reasonable doubt. The prosecution failed to prove the charge of threat of death due to lack of corroborative evidence.

Citation
[2023] GHACC 987
Parties
Prosecution: The Republic; Accused: Alex Boateng
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 December 2023
Case Number
BR/SY/CT/491/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction on defilement; acquittal on threat of death
Legal Topics
Defilement, Threat of Death, Burden of Proof, Confession Evidence, Sentencing
Source Language
English
Criminal Law Defilement Threat of Death Burden of Proof Confession Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Alex Boateng

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled a child under sixteen years of age
  2. 2 Whether the accused threatened to kill the victim

Ratio Decidendi

The accused's voluntary confession, corroborated by medical evidence and the victim's age, established the offence of defilement beyond reasonable doubt. The prosecution failed to prove the charge of threat of death due to lack of corroborative evidence.

Court Disposition

conviction on defilement; acquittal on threat of death

Orders

  • Accused sentenced to seven years imprisonment in hard labour on Count One (defilement)
  • Accused acquitted and discharged on Count Two (threat of death)