Republic Vrs Musah [2023] GHACC 228 (20 January 2023)

Republic Vrs Musah [2023] GHACC 228 (20 January 2023)

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of the survivor, who was under sixteen years of age, through direct and circumstantial evidence, including the survivor's testimony, medical report, and identification of the accused by sight, voice, and clothing. The accused's defence of mistaken identity was not credible and did not raise reasonable doubt.

Citation
Republic Vrs Musah [2023] GHACC 228 (20 January 2023)
Parties
Prosecution: The Republic; Accused: Dawoo Musah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
20 January 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Sexual Offences, Burden of Proof, Evidence, Identification, Sentencing
Source Language
eng
Criminal Law Defilement Sexual Offences Burden of Proof Evidence Identification Sentencing

Case Brief

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Parties

The Republic

Prosecution

Dawoo Musah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had carnal knowledge of the survivor
  2. 2 Whether the survivor was under sixteen years of age
  3. 3 Whether the prosecution proved the offence of defilement beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had carnal knowledge of the survivor, who was under sixteen years of age, through direct and circumstantial evidence, including the survivor's testimony, medical report, and identification of the accused by sight, voice, and clothing. The accused's defence of mistaken identity was not credible and did not raise reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of defilement under Section 101(1) of Act 29
  • Accused sentenced to eight years imprisonment in hard labour