REPUBLIC VRS AWAL (B7/16/2024) [2024] GHACC 275 (12 May 2024)
All three ingredients of defilement were proven beyond reasonable doubt: victim was under sixteen, accused had sexual intercourse with her, and accused's identity was established. Consent is immaterial under the law.
- Citation
- REPUBLIC VRS AWAL (B7/16/2024) [2024] GHACC 275 (12 May 2024)
- Parties
- Prosecution: The Republic; Accused: Issah Awal
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 12 May 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Defilement, Sexual Offences, Child Protection
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Parties
The Republic
Prosecution
Issah Awal
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether accused had sexual intercourse with the victim
- 2 Whether the victim was under sixteen years of age at the time of the incident
- 3 Whether the accused committed the offence of defilement
Ratio Decidendi
All three ingredients of defilement were proven beyond reasonable doubt: victim was under sixteen, accused had sexual intercourse with her, and accused's identity was established. Consent is immaterial under the law.
Court Disposition
conviction
Orders
- Accused sentenced to ten years imprisonment with hard labour.
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