Banousin Vrs The Republic [2014] GHASC 172 (18 March 2014)

Banousin Vrs The Republic [2014] GHASC 172 (18 March 2014)

The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove carnal knowledge or attempted rape beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape without evidence; and the Court of Appeal lacked jurisdiction to interpret the Constitution in the manner it did.

Citation
[2014] GHASC 172
Parties
Accused/appellant/appellant: Richard Banousin; Respondent/respondent/respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 March 2014
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Second Appeal
Outcome
appeal allowed; conviction and sentence set aside; appellant acquitted and discharged
Legal Topics
Rape, Attempted Rape, Burden of Proof, Mode of Trial, Constitutional Interpretation, Indictable Offences, Summary Trial
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Rape Attempted Rape Burden of Proof Mode of Trial Constitutional Interpretation +2 more

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Parties

Richard Banousin

Accused/appellant/appellant

The Republic

Respondent/respondent/respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Second Appeal

Legal Issues

  1. 1 Whether rape is an indictable offence and must be tried on indictment or can be tried summarily
  2. 2 Whether the prosecution proved the offence of rape or attempted rape beyond reasonable doubt
  3. 3 Whether the Court of Appeal had jurisdiction to interpret the Constitution

Ratio Decidendi

The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove carnal knowledge or attempted rape beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape without evidence; and the Court of Appeal lacked jurisdiction to interpret the Constitution in the manner it did.

Court Disposition

appeal allowed; conviction and sentence set aside; appellant acquitted and discharged

Orders

  • Conviction and sentence of the appellant by the Court of Appeal set aside
  • Appellant acquitted and discharged of attempted rape and rape charges