RICHARD BANOUSIN
V.
THE REPUBLIC

(2015) JELR 68931 (SC)

Supreme Court 18 Mar 2015 Ghana
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- The Supreme Court unanimously set aside the appellant’s conviction for attempted rape and entered an acquittal, holding that the prosecution failed to prove carnal knowledge (penetration) beyond reasonable doubt, as required for rape unde

Case Details

Suit Number:CIVIL APPEAL NO. J3/2/2014
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, ANIN-YEBOAH JSC, BAFFOE BONNIE JSC, AKOTO BAMFO(MRS) JSC
Counsel:MR. MUJEEB RAHMAN AHMED ESQ. WITH HIM DR. FRANK ANKOBEA AND JANET FRIMPONG FOR THE APPELLANT, MR. WILLIAM KPOBI ESQ. (C.S.A) WITH HIM JOAN KING (S.S.A) FOR THE RESPONDENT.

VICTOR DOTSE JSC

On the 18th day of March 2015, this court by a unanimous decision allowed the appeal herein against the decision of the Court of Appeal dated 28/2/2013 and set aside the conviction and sentence imposed on the appellant by the said Court of Appeal judgment and accordingly acquitted and discharged him of his conviction for attempted rape and sentence of 7 years. We however reserved our reasons for the said decision which we indicated would be filed on or by the 2nd day of April 2015.

We now proceed to give our reasons for our said decision as follows:

We begin this opinion by an observation of the times and life of Sir Isaac Newton, that great 17th Century English Mathematician and Philosopher who has given the world some natural laws of physics which apply to human beings, just as they apply to the movement of bodies in the universe. And we are sure everyone is familiar with one of these laws, and that is, “for every action, there is an equal and opposite reaction.” This …

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