REPUBLIC VRS ALI (B6/17/2023) [2024] GHACC 81 (21 March 2024)
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim on the date alleged, as the evidence was inconclusive and the victim's statements conflicted regarding the timing of the incident. Doubt in the prosecution's case inured to the benefit of the accused.
- Citation
- REPUBLIC VRS ALI (B6/17/2023) [2024] GHACC 81 (21 March 2024)
- Parties
- Prosecution: The Republic; Accused: Mohammed Ali
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 21 March 2024
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- acquittal and discharge
- Legal Topics
- Defilement, Burden of Proof, Reasonable Doubt, Sexual Offences, Capacity to Consent
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Mohammed Ali
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the accused carnally knew a child under sixteen years of age
- 2 Whether the prosecution proved the guilt of the accused beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim on the date alleged, as the evidence was inconclusive and the victim's statements conflicted regarding the timing of the incident. Doubt in the prosecution's case inured to the benefit of the accused.
Court Disposition
acquittal and discharge
Orders
- The accused Mohammed Ali is acquitted and discharged.
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