The Republic Vrs Kouffe [2022] GHACC 209 (1 November 2022)

The Republic Vrs Kouffe [2022] GHACC 209 (1 November 2022)

The court found that the prosecution proved beyond reasonable doubt that the accused indecently assaulted the two minors by inserting his fingers into their vaginas, satisfying the statutory elements of indecent assault. The victims' testimonies were credible and corroborated by medical and other evidence, while the accused's denial was unsubstantiated.

Citation
[2022] GHACC 209
Parties
Prosecutor: The Republic; Accused: Tony Kwesi Kouffe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and custodial sentence
Legal Topics
Indecent Assault, Sexual Offences Against Children, Evidence Evaluation
Source Language
English
Criminal Law Gender Based Violence Child Protection Indecent Assault Sexual Offences Against Children Evidence Evaluation

Case Brief

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Parties

The Republic

Prosecutor

Tony Kwesi Kouffe

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused indecently assaulted the two minors contrary to s. 103 of the Criminal & Other Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved the ingredients of indecent assault beyond reasonable doubt

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused indecently assaulted the two minors by inserting his fingers into their vaginas, satisfying the statutory elements of indecent assault. The victims' testimonies were credible and corroborated by medical and other evidence, while the accused's denial was unsubstantiated.

Court Disposition

conviction and custodial sentence

Orders

  • Accused convicted on two counts of indecent assault contrary to s. 103, Act 29.
  • Accused sentenced to 12 months imprisonment on each count, sentences to run consecutively.