THE REPUBLIC vs GODFRED OCANSEY

JUDGMENT The accused person is charged with the offence of defilement contrary to section 101 of the Criminal Offences Act 1960 Act 29. He is also charged with the offence of incest contrary to section 105 of the Criminal Offences Act of 1960 Act 29. At the trial, the prosecution called five (5) persons to testify on its behalf after which the accused person also gave evidence and then called two more persons to give evidence in support of his case. Section 101 under which the accused person has been charged in respect of count one provides at subsection 2 that: “(2) Whoever naturally or unnaturally carnally knows any child under sixteen years of age, whether with or without his or her consent commits an offence and shall be liable on summary conviction to imprisonment for a term of not less than seven years and not more than twenty-five years”. Thus, for the prosecution to succeed on the charge of defilement as defined under the section quoted above, the prosecu...