REPUBLIC VRS BISMARK (B6/25/2023) [2024] GHACC 82 (7 February 2024)

REPUBLIC VRS BISMARK (B6/25/2023) [2024] GHACC 82 (7 February 2024)

The accused was found guilty of indecent assault as the prosecution proved beyond reasonable doubt that he sexually violated a four-year-old child incapable of giving consent, corroborated by medical and documentary evidence, and his own cautioned statement.

Citation
REPUBLIC VRS BISMARK (B6/25/2023) [2024] GHACC 82 (7 February 2024)
Parties
Prosecution: The Republic; Accused: Ofosu Appiah Bismark
Court
ghacc
Jurisdiction
Ghana
Judgment Date
7 February 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentencing
Legal Topics
Indecent Assault, Sexual Offences, Burden of Proof, Consent, Child Protection
Source Language
eng

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Parties

The Republic

Prosecution

Ofosu Appiah Bismark

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused committed indecent assault contrary to section 103(1) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the victim was legally capable of giving consent
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused was found guilty of indecent assault as the prosecution proved beyond reasonable doubt that he sexually violated a four-year-old child incapable of giving consent, corroborated by medical and documentary evidence, and his own cautioned statement.

Court Disposition

conviction and sentencing

Orders

  • Accused convicted of indecent assault
  • Accused sentenced to 18 months imprisonment I.H.L.