the complainant, they had tendered her birth certificate as Exhibit 4
which is conclusive evidence that at the time of the alleged offence, the
complainant was infact 16 years 11 months old. That it is therefore
irrefutably conclusive that in July 2009 the complainant was infact
under the age of 18 years. On the second issue whether the accused had
carnal knowledge of the complainant, it is the submission of the
prosecutions that the complainant became pregnant after July 2009 and
that the accused did not dispute that the child she consequently gave
birth to was his own child. That it is also evident from Exhibits 1&2, the
voluntary and cautionary statements of the accused, that he confessed to
having carnal knowledge of the complainant and that as a confessional
statement, it is compelling evidence. Counsel submitted that the
resultant pregnancy was complete proof that the accused had carnal
knowledge of the complainant and referred the court to R.V. Marsden
(1891) 2 Q B at 149, a decision up held in Iko v. State (2003) 3 ACLR 49
at 73. These authorities were how ever discountenanced by the court as
they were not provided.
On the third issue whether the accused had reasonable cause to believe
that the complainant was 18 years and above. It is the submission of the
prosecution that the accused was a teacher at the very village in which
the complainant resided and went to school, and he was aware at all
times that she was a grade 9 student. That it was therefore reasonably
expected and apparent that she would have been under the age of 18
years. Counsel urged that the facts of this case speak for themselves.
That the accused was not the teacher of the complainant and therefore
no academic reasons for the complainant being at the accused house
could be given.
In their further submissions, the prosecutions submitted that the case of
the defence through out this trial had been inconsistent. That their line
of defence had shifted from the issue of consent to describing the
features of the complainant as being sufficient proof that she was 18
years and above. Counsel submitted that the birth certificate completely
refuted that defence. Counsel finally submitted that the prosecution had
proved its case beyond reasonable doubt in light of the evidence they had
submitted and that the only conclusion to be drawn is that the accused
had committed the offence for which he is being charged.
Having listened to the submissions from both sides and the issues raised
therein, I totally agree that in a criminal matter the burden of proof is
always on the prosecution to prove the guilt of the accused person
beyond all reasonable doubt. See: Igabele v. The State 25 NSCQR 321 at
350; Gambo Musa v. The State 29 NSCQR 358 at 392-393; R v. Oledima
(1940) 6 WACA (pt 202) Owen v. Isa (1961) 2 SCNLR 347.
In determing this case, I will adopt the issues raised by the prosecutions
which I believe are almost similar to those raised by the defence and can