The Republic vrs Justin Atandze (D6/003/2022) [2024] GHACC 137 (6 February 2024)

The Republic vrs Justin Atandze (D6/003/2022) [2024] GHACC 137 (6 February 2024)

The court found the prosecution's witnesses credible, the evidence consistent, and the accused unable to raise reasonable doubt. The child was under 16, sexual intercourse occurred, and the accused was identified as the perpetrator. Corroboration was not mandatory given the credibility of the child witness. The absence of medical expert testimony was not fatal as the medical report was properly tendered. The accused was convicted of defilement.

Citation
The Republic vrs Justin Atandze (D6/003/2022) [2024] GHACC 137 (6 February 2024)
Parties
Prosecution: The Republic; Accused: Justin Atandze; Complainant: Vida Frimpong; Victim: Erica Yeboah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
6 February 2024
Procedural Posture
Criminal / Final Judgment
Outcome
conviction and sentencing
Legal Topics
Defilement, Sexual Offences, Child Protection, Burden of Proof, Evidence, Sentencing
Source Language
eng
Criminal Law Defilement Sexual Offences Child Protection Burden of Proof Evidence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Justin Atandze

Accused

Vida Frimpong

Complainant

Erica Yeboah

Victim

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused defiled a child under 16 years
  2. 2 Whether prosecution proved guilt beyond reasonable doubt
  3. 3 Admissibility and sufficiency of evidence from child witness

Ratio Decidendi

The court found the prosecution's witnesses credible, the evidence consistent, and the accused unable to raise reasonable doubt. The child was under 16, sexual intercourse occurred, and the accused was identified as the perpetrator. Corroboration was not mandatory given the credibility of the child witness. The absence of medical expert testimony was not fatal as the medical report was properly tendered. The accused was convicted of defilement.

Court Disposition

conviction and sentencing

Orders

  • Accused sentenced to 8 years imprisonment with hard labour
  • Accused to pay GHs500 compensation to victim within one month