Republic Vrs Arthur [2023] GHACC 234 (19 January 2023)

Republic Vrs Arthur [2023] GHACC 234 (19 January 2023)

Prosecution failed to prove all essential ingredients of indecent assault beyond reasonable doubt; evidence was circumstantially weak, based on hearsay, lacked corroboration, and contained contradictions. No prima facie case established; accused acquitted and discharged.

Citation
Republic Vrs Arthur [2023] GHACC 234 (19 January 2023)
Parties
Prosecution: The Republic; Accused: John Kenneth Arthur
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Criminal / Judgment on Submission of No Case
Outcome
acquittal and discharge
Legal Topics
Indecent Assault, Burden of Proof, Submission of No Case, Corroboration
Source Language
eng
Criminal Law Indecent Assault Burden of Proof Submission of No Case Corroboration

Case Brief

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Parties

The Republic

Prosecution

John Kenneth Arthur

Accused

Procedural Posture

Criminal / Judgment on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution proved the essential ingredients of indecent assault beyond reasonable doubt
  2. 2 Whether a prima facie case was established to require the accused to make a defence

Ratio Decidendi

Prosecution failed to prove all essential ingredients of indecent assault beyond reasonable doubt; evidence was circumstantially weak, based on hearsay, lacked corroboration, and contained contradictions. No prima facie case established; accused acquitted and discharged.

Court Disposition

acquittal and discharge

Orders

  • Accused person acquitted and discharged on the offence of indecent assault