REPUBLIC VRS. YEBOAH (CR/0335/2023) [2024] GHAHC 272 (30 July 2024)

REPUBLIC VRS. YEBOAH (CR/0335/2023) [2024] GHAHC 272 (30 July 2024)

The prosecution failed to prove beyond reasonable doubt that the accused was the perpetrator of the defilement, as there were material inconsistencies in the evidence regarding the identity of the perpetrator and the circumstances of the offence. The only corroborated fact was that the victim was defiled, but not that the accused committed the act. The benefit of the doubt was resolved in favour of the accused.

Citation
REPUBLIC VRS. YEBOAH (CR/0335/2023) [2024] GHAHC 272 (30 July 2024)
Parties
Prosecution: The Republic; Accused: G/CPL Ismael Yeboah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 July 2024
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge
Legal Topics
Defilement, Burden of Proof, Evidence, Corroboration, Standard of Proof
Source Language
eng
Criminal Law Defilement Burden of Proof Evidence Corroboration Standard of Proof

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Parties

The Republic

Prosecution

G/CPL Ismael Yeboah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused defiled a child under sixteen years of age
  2. 2 Whether the identity of the perpetrator was established as the accused

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused was the perpetrator of the defilement, as there were material inconsistencies in the evidence regarding the identity of the perpetrator and the circumstances of the offence. The only corroborated fact was that the victim was defiled, but not that the accused committed the act. The benefit of the doubt was resolved in favour of the accused.

Court Disposition

Acquittal and discharge

Orders

  • The accused person is acquitted and discharged.