Republic Vrs Godsway Hovor [2022] GHACC 68 (29 August 2022)

Republic Vrs Godsway Hovor [2022] GHACC 68 (29 August 2022)

A prima facie case of indecent assault has been established by the prosecution through the evidence of the complainant, the medical report, and the investigation, warranting the accused to open his defence. The submission of no case is dismissed.

Citation
[2022] GHACC 68
Parties
Prosecution: The Republic; Accused: Godsway Hovor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 August 2022
Procedural Posture
Criminal / Ruling on Submission of No Case
Outcome
submission of no case dismissed; accused to open defence
Legal Topics
Indecent Assault, Submission of No Case, Burden of Proof, Child Witness, Hearsay Evidence
Source Language
English
Criminal Law Indecent Assault Submission of No Case Burden of Proof Child Witness Hearsay Evidence

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Parties

The Republic

Prosecution

Godsway Hovor

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of indecent assault against the accused to require him to open his defence
  2. 2 Whether the evidence adduced by the prosecution is sufficient and reliable to warrant a defence
  3. 3 Effect of failure to call material witnesses and admissibility of hearsay evidence due to child witness disqualification

Ratio Decidendi

A prima facie case of indecent assault has been established by the prosecution through the evidence of the complainant, the medical report, and the investigation, warranting the accused to open his defence. The submission of no case is dismissed.

Court Disposition

submission of no case dismissed; accused to open defence

Orders

  • Accused person shall prepare to open his defence.