Republic Vrs Korsah [2023] GHACC 227 (23 May 2023)

Republic Vrs Korsah [2023] GHACC 227 (23 May 2023)

The prosecution adduced sufficient evidence on all essential elements of the offences of defilement and carnal knowledge of imbecile, including the survivor's age, mental status, and the accused's identity, such that a reasonable mind could find the existence of the facts beyond reasonable doubt. Therefore, the accused must be called upon to make his defence.

Citation
[2023] GHACC 227
Parties
Prosecution: The Republic; Accused: Anthony Korsah @ Dada Joe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 May 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case dismissed; accused to open his defence.
Legal Topics
Defilement, Carnal Knowledge of Imbecile, Burden of Proof, Standard of Proof, Submission of No Case
Source Language
English
Criminal Law Defilement Carnal Knowledge of Imbecile Burden of Proof Standard of Proof Submission of No Case

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Parties

The Republic

Prosecution

Anthony Korsah @ Dada Joe

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of defilement and carnal knowledge of imbecile against the accused to require him to make a defence

Ratio Decidendi

The prosecution adduced sufficient evidence on all essential elements of the offences of defilement and carnal knowledge of imbecile, including the survivor's age, mental status, and the accused's identity, such that a reasonable mind could find the existence of the facts beyond reasonable doubt. Therefore, the accused must be called upon to make his defence.

Court Disposition

Submission of no case dismissed; accused to open his defence.

Orders

  • Accused to prepare and appear in court to open his defence.
  • Case to proceed to the next stage.