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ACHIAA
V.
THE REPUBLIC

(1979) JELR 83053 (HC)

High Court 19 Nov 1979 Ghana
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- The appellant was convicted by the Techiman District Court for selling salt above the controlled price, contrary to sections 2(1) and 3(a) of the Price Control Decree, 1974 (N.R.C.D. 305), as amended. - On appeal, it was argued that the c

Case Details

Judges:AMPIAH J.
Counsel:Yaw Manu for the appellant. Annan, State Attorney, for the respondent.
Location:Sunyani
Other Citations:[1980] GLR 770-774

JUDGEMENT

AMPIAH J.

The appellant was on 21 October 1979 convicted of selling salt above the controlled price and sentenced to a term of three months' imprisonment with hard labour by the learned magistrate at the Techiman District Court Grade I. She appealed against the said conviction and sentence. On 9 November 1979, I allowed the appeal and set aside the conviction and sentence. The appellant was consequently acquitted and discharged. I now proceed to give my reasons.

The statement of offence read:

"Selling above control price: contrary to sections 2 (1) and 3 (a) of the Price Control Decree, 1974 (N.R.C.D. 305), as amended by the Price Control (Amendment) Decree, 1977 (S.M.C.D. 93) and the Price Control (Amendment) Decree, 1978 (S.M.C.D. 146)."

No reference was made to the executive instrument which specified the commodity and the price at which it should be sold. Counsel for the appellant submitted therefore that the omission rendered the whole charge and the consequential proceeding…

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