REPUBLIC VRS: BESSAH (D10/31/21) [2024] GHACC 21 (23 January 2024)
The prosecution failed to prove beyond reasonable doubt that it was the accused and no other person who had sexual intercourse with the victim; reasonable doubt was raised by the accused.
- Citation
- REPUBLIC VRS: BESSAH (D10/31/21) [2024] GHACC 21 (23 January 2024)
- Parties
- Prosecution: The Republic; Accused: Pius McMoland Bessah
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 23 January 2024
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- acquittal
- Legal Topics
- Defilement, Burden of Proof, Sexual Offences, Child Protection
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Parties
The Republic
Prosecution
Pius McMoland Bessah
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the accused committed defilement of a child under Section 101(2) of the Criminal Offences Act 1960 (Act 29)
- 2 Whether the prosecution proved the essential ingredients of defilement beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that it was the accused and no other person who had sexual intercourse with the victim; reasonable doubt was raised by the accused.
Court Disposition
acquittal
Orders
- Accused person acquitted and discharged on two counts of defilement contrary to Section 101(2) of Act 29.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment