Republic Vrs Awudi [2023] GHACC 290 (14 March 2023)

Republic Vrs Awudi [2023] GHACC 290 (14 March 2023)

The prosecution proved all essential elements of defilement beyond reasonable doubt: the victim was under sixteen, sexual intercourse occurred, and the accused was identified as the perpetrator. The defence failed to raise a reasonable doubt, and the evidence of the victim, corroborated by witnesses and medical report, was credible and sufficient for conviction.

Citation
Republic Vrs Awudi [2023] GHACC 290 (14 March 2023)
Parties
Prosecution: The Republic; Accused: Awudi Gideon
Court
ghacc
Jurisdiction
Ghana
Judgment Date
14 March 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defilement, Sexual Offences, Burden of Proof, Evidence, Sentencing
Source Language
eng
Criminal Law Defilement Sexual Offences Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Awudi Gideon

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused defiled the victim in contravention of section 101(2) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved all essential elements of defilement beyond reasonable doubt: the victim was under sixteen, sexual intercourse occurred, and the accused was identified as the perpetrator. The defence failed to raise a reasonable doubt, and the evidence of the victim, corroborated by witnesses and medical report, was credible and sufficient for conviction.

Court Disposition

conviction and sentence

Orders

  • The accused, Awudi Gideon, is convicted of defilement and sentenced to twelve (12) years imprisonment in hard labour without the option of a fine.
  • The convict is informed of his statutory right of appeal.