Asante Vrs Republic [2017] GHASC 3 (26 January 2017)

Asante Vrs Republic [2017] GHASC 3 (26 January 2017)

The conviction for defilement could not be supported by the totality of the evidence, particularly in light of the DNA evidence excluding the appellant as the father of the child and the lack of credible corroborative evidence supporting the victim's testimony. The prosecution failed to prove the case beyond reasonable doubt.

Citation
[2017] GHASC 3
Parties
Appellant: Eric Asante; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 January 2017
Procedural Posture
Criminal Appeal / Final Appeal (supreme Court)
Outcome
appeal allowed; conviction quashed; appellant acquitted
Legal Topics
Defilement, Burden of Proof, Corroboration, DNA Evidence, Credibility of Witnesses
Source Language
English
Criminal Law Defilement Burden of Proof Corroboration DNA Evidence Credibility of Witnesses

Case Brief

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Parties

Eric Asante

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appeal (supreme Court)

Legal Issues

  1. 1 Whether the conviction for defilement was supported by the evidence on record
  2. 2 Whether the absence of DNA evidence linking the appellant to the pregnancy undermined the conviction
  3. 3 Whether the victim's testimony was credible and corroborated

Ratio Decidendi

The conviction for defilement could not be supported by the totality of the evidence, particularly in light of the DNA evidence excluding the appellant as the father of the child and the lack of credible corroborative evidence supporting the victim's testimony. The prosecution failed to prove the case beyond reasonable doubt.

Court Disposition

appeal allowed; conviction quashed; appellant acquitted

Orders

  • Appellant acquitted of the offence of defilement
  • No order of discharge as sentence already served