The Republic Vrs Caleb Dennis [2023] GHADC 19 (5 January 2023)

The Republic Vrs Caleb Dennis [2023] GHADC 19 (5 January 2023)

The prosecution established a prima facie case of defilement against the juvenile through the victim's testimony, corroborated by medical evidence and identification of the accused, warranting the juvenile to be called upon to open his defence.

Citation
[2023] GHADC 19
Parties
Prosecution: The Republic; Juvenile Accused: Caleb Dennis
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 January 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case dismissed; juvenile to open his defence.
Legal Topics
Defilement, Burden of Proof, Submission of No Case, Evidence, Expert Testimony
Source Language
English
Criminal Law Juvenile Justice Defilement Burden of Proof Submission of No Case Evidence Expert Testimony

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Parties

The Republic

Prosecution

Caleb Dennis

Juvenile 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 against the juvenile to require him to open his defence
  2. 2 Whether the evidence led by the prosecution proves the essential elements of defilement under Section 101(2) of the Criminal Offences Act, 1960 (Act 29)
  3. 3 Whether the confession statements of the juvenile are admissible and voluntary

Ratio Decidendi

The prosecution established a prima facie case of defilement against the juvenile through the victim's testimony, corroborated by medical evidence and identification of the accused, warranting the juvenile to be called upon to open his defence.

Court Disposition

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

Orders

  • Juvenile to prepare and open his defence.