Republic Vrs Ampomab [2022] GHACC 168 (1 December 2022)

Republic Vrs Ampomab [2022] GHACC 168 (1 December 2022)

The prosecution failed to prove beyond reasonable doubt that the victim was under sixteen years of age at the time of the sexual intercourse, raising reasonable doubt as to an essential element of the defilement charge. Similarly, the prosecution failed to prove that the accused's entry was for a criminal purpose or without consent, thus not establishing unlawful entry.

Citation
[2022] GHACC 168
Parties
Prosecution: The Republic; Accused: Layloid Ampomah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Procedural Posture
Criminal / Judgment
Outcome
Acquitted and discharged
Legal Topics
Defilement, Unlawful Entry, Burden of Proof, Reasonable Doubt
Source Language
English
Criminal Law Defilement Unlawful Entry Burden of Proof Reasonable Doubt

Case Brief

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Parties

The Republic

Prosecution

Layloid Ampomah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defiled a female under sixteen years of age contrary to section 101(2) of Act 29/1960
  2. 2 Whether the accused unlawfully entered a building contrary to section 152 of Act 29/1960

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the victim was under sixteen years of age at the time of the sexual intercourse, raising reasonable doubt as to an essential element of the defilement charge. Similarly, the prosecution failed to prove that the accused's entry was for a criminal purpose or without consent, thus not establishing unlawful entry.

Court Disposition

Acquitted and discharged

Orders

  • The accused is acquitted and discharged on both counts of defilement and unlawful entry.
  • The accused is to be released from lawful police custody.