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Ghana decisions
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Republic Vrs Afun (F10/07/2023) [2024] GHAHC 327 (29 July 2024)
The High Court at Ho acquitted Patrick Afun of rape after finding the prosecution had not proved beyond reasonable doubt that intercourse was without consent.
REPUBLIC VRS ABDULAI (B1/37/2024) [2024] GHACC 272 (5 July 2024)
Prosecution failed to provide sufficient evidence to prove beyond reasonable doubt that accused committed the offences charged. The identification evidence was weak and the absence of testimony from PW1's wife, the alleged victim, created significant doubt.
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Republic Vrs Katso (F10/08/2023) [2024] GHAHC 309 (19 March 2024)
The High Court convicted Edem Katso after he changed his plea to guilty on rape and unnatural carnal knowledge counts, sentencing him to five years concurrently.
REPUBLIC VRS ADAMA (B7/01/2024) [2023] GHACC 1155 (2 October 2023)
The facts and evidence did not support the charge of robbery as the accused's use of force was primarily to facilitate rape, not theft. The accused is therefore not guilty of robbery but is convicted of a lesser offence of causing harm.
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REPUBLIC VRS ISSAH (B18/17/2024) [2023] GHACC 1160 (28 September 2023)
The evidence did not support the charge of robbery as the injury to the complainant occurred during resistance to rape, not to facilitate theft. The prosecution failed to prove the essential ingredients of robbery beyond reasonable doubt.
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Republic Vrs Suleman [2022] GHAHC 87 (9 November 2022)
The High Court at Cape Coast convicted Razak Suleman on his own guilty plea and sentenced him to prison terms for rape, threat of death, and threat of harm.
The Republic Vrs Saeebu [2022] GHADC 229 (3 November 2022)
The prosecution proved beyond reasonable doubt that the accused, Fatawu Saeebu, had carnal knowledge of the victim without her consent, as corroborated by medical evidence, witness testimony, and the accused's confession. The elements of rape under section 97 of the Criminal Offences Act, 1960 (Act 29) were satisfied.
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Banousin Vrs The Republic [2014] GHASC 172 (18 March 2014)
The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove carnal knowledge or attempted rape beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape without evidence; and the Court of Appeal lacked jurisdiction to interpret the Constitution in the manner it did.
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Banousin Vrs Republic [2014] GHASC 10 (18 March 2014)
The Supreme Court held that rape remains an indictable offence and cannot be tried summarily; the prosecution failed to prove penetration or carnal knowledge beyond reasonable doubt; the Court of Appeal erred in substituting a conviction for attempted rape in the absence of evidence; and the Court of Appeal exceeded its jurisdiction in interpreting the Constitution. The conviction and sentence were set aside and the appellant acquitted and discharged.
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