Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ROBERT GYAMFI (ALIAS APPIAH)
V.
THE REPUBLIC

(2019) JELR 65737 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL SUIT NO: H2/02/19 ·  27 Feb 2019 ·  Ghana
CORAM
M. OWUSU JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA

Ratio Decidendi

Core Terms Beta
jurisdiction of the circuit court kumasi
grandmother of victim amidia iddrisu
trial court judge
honourable court
high court
records of appeal
said conviction
person robert gyamfi
accused person
criminal offences act
sexual intercourse
case accused
offence of defilement
sentence of the circuit court judge
accused’s room
pupil of little flower international school
trial judge
victims national health insurance card
evidence of pw1
medical form
trial court
age of pw1
sufficient evidence
appellate high court
state vrs gyimah
medical examination
following grounds
evidence
receipt of the medical report form
carnal knowledge
appellant
complete failure of prosecution
such disclosure
least degree of penetration of the penis
respect of the victims defilement
reasonable doubt
own cross examination
instant appeal
caution statement
counsel
official documents
trial circuit court judge
general rule
further evidence
evidence of the victim
arrest of the appellant
counsel’s contention

JUDGMENT

DZAMEFE, JA

The appellant was charged with the offence of defilement contrary to section 101 of the Criminal Offences Act 29/60. The particulars are that the appellant, aged 22, a teacher in 2014 at Pakyi No.2 in the Ashanti Region and within the jurisdiction of the Circuit Court Kumasi did have carnal knowledge of one Amidia Iddrisu aged 12 years.

Facts

Complainant Fati Iddrisu is a food vendor, she is the grandmother of victim Amidia Iddrisu aged 12 years and a class 6 pupil of Little Flower International School while accused person Robert Gyamfi aged 22 years is a teacher. Both parties reside at Pakyi No.2 Kumasi. According to the victim, about 5 months ago after the close of school, the accused person gave his room keys together with some books for her to take home. On reaching the accused’s room he came from nowhere and pushed the victim on his bed, forcibly removed her pant and had sexual intercourse with her. In the process of having sex with her she was feeling pains and …

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