REPUBLIC VRS. NARH (CR/0358/2023) [2025] GHAHC 7 (12 February 2025)

REPUBLIC VRS. NARH (CR/0358/2023) [2025] GHAHC 7 (12 February 2025)

The court found that the prosecution proved beyond reasonable doubt that the accused, using false online identities, coerced the complainant into sexual acts, recorded and published the acts without her consent, and threatened further publication to extort additional sexual acts. Forensic evidence confirmed the sharing and publication of the material. The accused was also found in unlawful possession of narcotic drugs. The accused's denials were found to be afterthoughts and not credible, especially in light of his own written statements and the corroborated evidence.

Citation
[2025] GHAHC 7
Parties
Respondent: The Republic; Accused Person: Spayn Narh @ Stuttgart Woods
Court
High Court
Jurisdiction
Ghana
Judgment Date
12 February 2025
Case Number
CR/0358/2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction on counts 1, 2, 3, 5, 6, and 7; acquittal on count 4. Sentences to run concurrently.
Legal Topics
Sexual Extortion, Non Consensual Sharing of Intimate Images, Publication of Obscene Material, Unlawful Possession of Narcotic Drugs
Source Language
English
Criminal Law Cybercrime Narcotics Law Sexual Extortion Non Consensual Sharing of Intimate Images Publication of Obscene Material Unlawful Possession of Narcotic Drugs

Case Brief

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Parties

The Republic

Respondent

Spayn Narh @ Stuttgart Woods

Accused Person

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed sexual extortion under section 66(1)(a) and (b) of the Cybersecurity Act, 2020 (Act 1038)
  2. 2 Whether the accused unlawfully shared intimate images without consent under section 67(1) of Act 1038
  3. 3 Whether the accused published or sold obscene material contrary to section 280 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, using false online identities, coerced the complainant into sexual acts, recorded and published the acts without her consent, and threatened further publication to extort additional sexual acts. Forensic evidence confirmed the sharing and publication of the material. The accused was also found in unlawful possession of narcotic drugs. The accused's denials were found to be afterthoughts and not credible, especially in light of his own written statements and the corroborated evidence.

Court Disposition

Conviction on counts 1, 2, 3, 5, 6, and 7; acquittal on count 4. Sentences to run concurrently.

Orders

  • Count 1: Sexual extortion – 12 years imprisonment.
  • Count 2: Non-consensual sharing of intimate image – 2 years imprisonment.