Banousin Vrs Republic [2014] GHASC 10 (18 March 2014)

Banousin Vrs Republic [2014] GHASC 10 (18 March 2014)

The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove penetration or carnal knowledge beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape in the absence of evidence; and the Court of Appeal exceeded its jurisdiction in interpreting the Constitution. The conviction and sentence were set aside and the appellant acquitted and discharged.

Citation
[2014] GHASC 10
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 Appeal From Court of 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, Corroboration, Expert Evidence
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Rape Attempted Rape Burden of Proof Mode of Trial Constitutional Interpretation +4 more

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Parties

Richard Banousin

Accused/appellant/appellant

The Republic

Respondent/respondent/respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether rape is an indictable offence and can be tried summarily
  2. 2 Whether the prosecution proved carnal knowledge (penetration) beyond reasonable doubt
  3. 3 Whether the Court of Appeal erred in substituting conviction for attempted rape

Ratio Decidendi

The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove penetration or carnal knowledge beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape in the absence of evidence; and the Court of Appeal exceeded its jurisdiction in interpreting the Constitution. The conviction and sentence were set aside and the appellant acquitted and discharged.

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