Republic Vrs Krampah and Another [2022] GHACC 144 (7 November 2022)

Republic Vrs Krampah and Another [2022] GHACC 144 (7 November 2022)

The prosecution failed to prove beyond reasonable doubt that the 1st accused committed sexual extortion due to lack of direct evidence linking him to the threatening messages and inconsistencies in the prosecution's case. However, the 1st accused was found guilty of non-consensual sharing of intimate images based on credible testimony and corroborating evidence. The 2nd accused was acquitted due to insufficient evidence and reliance on hearsay.

Citation
[2022] GHACC 144
Parties
Prosecution: The Republic; 1st Accused: Justice Kofi Krampah; 2nd Accused: Grace Appiah Alias Ekua Pentop
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 November 2022
Procedural Posture
Criminal / Judgment
Outcome
1st accused acquitted on count 1 (sexual extortion), convicted on count 2 (non-consensual sharing of intimate images); 2nd accused acquitted on all counts.
Legal Topics
Sexual Extortion, Non Consensual Sharing of Intimate Images, Burden of Proof, Hearsay Evidence
Source Language
English
Criminal Law Cyber Law Sexual Extortion Non Consensual Sharing of Intimate Images Burden of Proof Hearsay Evidence

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Parties

The Republic

Prosecution

Justice Kofi Krampah

1st Accused

Grace Appiah Alias Ekua Pentop

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the 1st accused committed sexual extortion under section 66(1) of the Cyber Security Act, 2020 (Act 1038)
  2. 2 Whether the 1st and 2nd accused engaged in non-consensual sharing of intimate images under section 67(1) of the Cyber Security Act, 2020 (Act 1038)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the 1st accused committed sexual extortion due to lack of direct evidence linking him to the threatening messages and inconsistencies in the prosecution's case. However, the 1st accused was found guilty of non-consensual sharing of intimate images based on credible testimony and corroborating evidence. The 2nd accused was acquitted due to insufficient evidence and reliance on hearsay.

Court Disposition

1st accused acquitted on count 1 (sexual extortion), convicted on count 2 (non-consensual sharing of intimate images); 2nd accused acquitted on all counts.

Orders

  • 1st accused sentenced to 18 months imprisonment on count 2
  • 1st accused acquitted and discharged on count 1