Republic Vrs Addo [2022] GHACC 224 (17 December 2022)

Republic Vrs Addo [2022] GHACC 224 (17 December 2022)

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the victim, a girl under 16, and the accused was properly identified. The accused's explanations were not credible or reasonably probable. Prosecution failed to prove the victim was an idiot or that the accused knew of her mental incapacity, so acquittal on count two was warranted.

Citation
[2022] GHACC 224
Parties
Prosecution: The Republic; Accused: Solomon Addo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 December 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction on count one (defilement); acquittal on count two (carnal knowledge of an idiot); sentence imposed
Legal Topics
Defilement, Carnal Knowledge of an Idiot, Burden of Proof, Sentencing
Source Language
English
Criminal Law Defilement Carnal Knowledge of an Idiot Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Solomon Addo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled the victim under 16 years of age
  2. 2 Whether the accused had carnal knowledge of an idiot
  3. 3 Whether prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the victim, a girl under 16, and the accused was properly identified. The accused's explanations were not credible or reasonably probable. Prosecution failed to prove the victim was an idiot or that the accused knew of her mental incapacity, so acquittal on count two was warranted.

Court Disposition

Conviction on count one (defilement); acquittal on count two (carnal knowledge of an idiot); sentence imposed

Orders

  • Accused convicted of defilement and sentenced to 22 years imprisonment in hard labour
  • Accused acquitted on charge of carnal knowledge of an idiot