REPUBLIC v. YEBOAH
March 15, 1968
HIGH COURT
GHANA
CORAM
- BAIDOO J
Areas of Law
- Criminal Law and Procedure
- Evidence Law
AI Generated Summary
In a criminal trial presided over by Baidoo J. with three assessors, Emmanuel Yeboah, a tailor at Dormaa-Ahenkro, was prosecuted for defiling nine-year-old Mary Antwi under section 101 of the Criminal Code, 1960 (Act 29). Mary testified that after visiting the public standpipe with friends, she went to Yeboah’s workshop to deliver a message to her sister, Theresa Antwi, his apprentice. Yeboah seated her on his lap, removed her clothing, penetrated her, and later gave her 2.5 new pesewas. Mary experienced pain and discharge; Dr. Bakker’s examination revealed a hymenal tear, inflammation, and gonorrhea. Mary’s mother, Mary Amponsah, confirmed the physical signs. The court reviewed corroboration principles, citing R. v. Campbell, and minimal penetration standards from R. v. Russen and R. v. Hughes. Further corroboration came from witness accounts and the fact that Yeboah suffered chronic gonorrhea, consistent with Mary’s infection, aligning with R. v. Jones. While noting the week-long delay in complaint, the court held consent is no defense (with delay acceptable under R. v. Hedges). The assessors returned a guilty verdict, and Yeboah was convicted and sentenced to six years’ hard labour.