REPUBLIC VRS AYISAH (D10/22/23) [2024] GHACC 15 (9 January 2024)
The prosecution failed to prove beyond reasonable doubt that the accused was the person who had carnal knowledge of the victim; inconsistencies and lack of corroborative evidence raised reasonable doubt, requiring acquittal.
- Citation
- REPUBLIC VRS AYISAH (D10/22/23) [2024] GHACC 15 (9 January 2024)
- Parties
- Prosecution: The Republic; Accused: Jacob Ayisah
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 9 January 2024
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- acquittal
- Legal Topics
- Defilement, Burden of Proof, Reasonable Doubt, Determination of Age
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Jacob Ayisah
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the victim was under sixteen years of age at the time of the alleged incident
- 2 Whether someone had carnal knowledge of the victim
- 3 Whether the accused was the person who had carnal knowledge of the victim
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused was the person who had carnal knowledge of the victim; inconsistencies and lack of corroborative evidence raised reasonable doubt, requiring acquittal.
Court Disposition
acquittal
Orders
- Accused person Jacob Ayisah found not guilty and acquitted and discharged on the charge of defilement.
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