THE REPUBLIC v. JOSEPH AMPADU

The accused person is a 50-year-old painter who was arraigned before the court on 31st

March 2021 on one count of defilement of a child under sixteen years of age, contrary to

section 101(2) of the Criminal and Other Offences Act, 1960 (Act 29). The accused person

pleaded “not guilty” to the charge, was granted bail in the sum of GH¢20,000 with two

sureties who should be known to the police and ordered to report to the investigator twice

a week at the Madina Domestic Violence and Victims Support Unit (DOVVSU). The

victim, a seven-year-old child, was granted an interim protection order that day.

In the brief facts, the investigator, Detective P. W. Inspector Anastasia Fosu, stated that the

complainant, Dorcia Bimpong is a trader who stays at Kwabenya with her daughter, the

victim. In October 2020, the complainant rented a room at Kwabenya with the assistance

of the accused person who is also an agent and employed his services to paint the room.

Thereafter, the complainant and accused person became friends and the accused person

visited the complainant often. On one such visit, the complainant left the victim with the

accused person while she went to buy food for the victim.

The facts state that when the complainant left, the accused person instructed the victim to

lie down on the floor and remove her panties. Then he pulled his shorts down to his knees,

removed his penis from his boxer shorts and had sexual intercourse with the victim. The

accused person warned the victim not to tell the complainant what happened. On 19th2

February 2021, the complainant had information in town that the accused person’s son

had sexually abused a girl in the neighbourhood. Since the boy was close to the victim, she

became alarmed and interviewed her child after she returned from school. The victim then

revealed to her that it was rather the accused person who had sexual intercourse with her

some months ago. Madam Dorcia filed a complaint with the Madina DOVVSU where a

police medical report form was issued to her to send the victim to the hospital for an

examination. The accused person was arrested and charged with the offence after

investigations.

Section 154 of the Criminal and Other Offences Procedure Act, 1960 (Act 29) states,

(1) “Where a person is charged with an offence consisting of several particulars, a combination of

some, only of which constitutes a complete lesser offence, and the combination is proved, but

the remaining particulars ar