Republic Vrs Wiafe. [2022] GHACC 140 (7 October 2022)

Republic Vrs Wiafe. [2022] GHACC 140 (7 October 2022)

The prosecution failed to prove the essential ingredients of the offence of incest beyond reasonable doubt, as the evidence was circumstantial, based on hearsay, and lacked direct or corroborative testimony from material witnesses. Therefore, no prima facie case was established to require the accused to make a defence.

Citation
[2022] GHACC 140
Parties
Prosecutor: The Republic; Accused: George Wiafe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 October 2022
Procedural Posture
Criminal / Submission of No Case to Answer
Outcome
acquittal and discharge
Legal Topics
Incest, Burden of Proof, Hearsay Evidence, Submission of No Case
Source Language
English
Criminal Law Incest Burden of Proof Hearsay Evidence Submission of No Case

Case Brief

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Parties

The Republic

Prosecutor

George Wiafe

Accused

Procedural Posture

Criminal / Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution proved the essential ingredients of the offence of incest beyond reasonable doubt
  2. 2 Whether the accused should be called to make a defence

Ratio Decidendi

The prosecution failed to prove the essential ingredients of the offence of incest beyond reasonable doubt, as the evidence was circumstantial, based on hearsay, and lacked direct or corroborative testimony from material witnesses. Therefore, no prima facie case was established to require the accused to make a defence.

Court Disposition

acquittal and discharge

Orders

  • Accused person acquitted and discharged on the offence of incest.