(1974) JELR 63934 (HC)    
High Court  ·  15 Mar 1974 ·  Ghana
Other Citations
[1974] 1 GLR 254
Core Terms Beta
state attorney
statement of offence
court of appeal
courts act
months’ imprisonment
prison term
triable offence
trial court
trial magistrate
criminal code
defective charge
learned state attorney
particular offence
question of sentence
statutory punishment
appellate court
aspects of criminal practice
bad indictment
bad indictments
behalf of the appellant
brief facts of this case show
circuit court
court finds
criminal proceedings
cursory glance
following acts
following requirements
imperfect charges
inspector-general of police
irresponsible relatives of the accused
judgment of the trial court
lay magistrate
main grounds
offence of nuisance
ordinary language
possession of indian hemp
prima facie case
public place
relevant subsection lays
said conviction
state attorney’s attention
state v
subsequent evidence
unambiguous language
unanimous decision

EDWARD WIREDU J.: The points for consideration in this appeal involved two aspects of criminal practice and procedure namely: (a) the circumstances under which bad, defective or imperfect charges or both can be cured by subsequent evidence led and (b) the circumstances under which a court can competently ignore a statutory punishment prescribed for a particular offence charged.

The brief facts of this case show that on 1 May 1973 the appellant was arraigned before the Agona Swedru District Court Grade II charged with an offence under section 296 (2) of the Criminal Code, 1960 (Act 29). He was tried, convicted and sentenced to a prison term of three months’ imprisonment with hard labour on 3 May 1973. This appeal is against the said conviction and sentence.

Before the appeal itself came up for hearing, an application for bail was brought on behalf of the appellant. This was supported by a ten paragraphed affidavit, paragraph (7) of which reads as follows: “That since the sentence is only…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login