REPUBLIC VRS ADMENS (D10/27/22) [2024] GHACC 53 (30 January 2024)

REPUBLIC VRS ADMENS (D10/27/22) [2024] GHACC 53 (30 January 2024)

The prosecution failed to prove beyond reasonable doubt that the accused forcibly made sexual bodily contact with the victim. The evidence was inconclusive, the medical report was not definitive as to sexual assault, and the accused's alibi was corroborated. The prosecution did not exclude the possibility that someone else could have committed the act.

Citation
REPUBLIC VRS ADMENS (D10/27/22) [2024] GHACC 53 (30 January 2024)
Parties
Prosecution: The Republic; Accused: Leticia Admens
Court
ghacc
Jurisdiction
Ghana
Judgment Date
30 January 2024
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Indecent Assault, Burden of Proof, Sexual Offences Against Children, Evidence Admissibility
Source Language
eng
Criminal Law Indecent Assault Burden of Proof Sexual Offences Against Children Evidence Admissibility

Case Brief

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Parties

The Republic

Prosecution

Leticia Admens

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person indecently assaulted the victim contrary to Section 103(1) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved the guilt of the accused beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused forcibly made sexual bodily contact with the victim. The evidence was inconclusive, the medical report was not definitive as to sexual assault, and the accused's alibi was corroborated. The prosecution did not exclude the possibility that someone else could have committed the act.

Court Disposition

acquittal

Orders

  • The accused person is found not guilty and is acquitted and discharged on the charge of indecent assault contrary to Section 103 of the Criminal Offences Act, 1960 (Act 29).