Republic Vrs Logosu [2022] GHACC 147 (18 October 2022)

Republic Vrs Logosu [2022] GHACC 147 (18 October 2022)

The prosecution failed to prove the essential ingredients of the offences of defilement and abduction beyond reasonable doubt, as there was no direct or circumstantial evidence linking the accused to the alleged acts, no proof of the survivor's age, and the only witness's evidence was hearsay. Therefore, no prima facie case was established to require the accused to make a defence.

Citation
[2022] GHACC 147
Parties
Prosecutor: The Republic; Accused: Vincent Logosu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
18 October 2022
Procedural Posture
Criminal / Judgment on Submission of No Case to Answer
Outcome
Acquittal and discharge
Legal Topics
Defilement, Abduction of a Child, Burden of Proof, Submission of No Case, Hearsay Evidence
Source Language
English
Criminal Law Defilement Abduction of a Child Burden of Proof Submission of No Case Hearsay Evidence

Case Brief

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Parties

The Republic

Prosecutor

Vincent Logosu

Accused

Procedural Posture

Criminal / Judgment on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution proved the essential ingredients of defilement and abduction beyond reasonable doubt
  2. 2 Whether the accused should be called to make a defence

Ratio Decidendi

The prosecution failed to prove the essential ingredients of the offences of defilement and abduction beyond reasonable doubt, as there was no direct or circumstantial evidence linking the accused to the alleged acts, no proof of the survivor's age, and the only witness's evidence was hearsay. Therefore, no prima facie case was established to require the accused to make a defence.

Court Disposition

Acquittal and discharge

Orders

  • The accused is acquitted and discharged on the offence of defilement.