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DOE
V.
THE REPUBLIC

(1971) JELR 64304 (HC)

High Court 3 Feb 1971 Ghana
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- The appellant pleaded guilty to a charge of assault and was convicted and sentenced to a fine or imprisonment. - The appellant appealed against her sentence and the order recommending her deportation. - The grounds of appeal are that the

Case Details

Judges:EDUSEI J.
Counsel:J. MERCER FOR THE APPELLANT; A. TAGOE FOR S. G. BADDOO STATE ATTORNEY FOR THE RESPONDENT.
Other Citations:[1971] 1 GLR 235

EDUSEI J.: The appellant pleaded guilty to a charge of assault under section 48 of the Criminal Code, 1960 (Act 29), before the District Court Grade II, Takoradi, and was convicted and sentenced to a fine of N¢50.00 or three months’ imprisonment with hard labour on 15 December 1970. She has appealed against her sentence and the order recommending her deportation. The grounds of appeal filed by her counsel are as follows:

(1) The sentence is harsh and unconscionable.

(2) The recommendation for deportation is unjustified in law.

The arguments of counsel for the appellant centred mainly around ground (2). Section 12 (1) (a) and (2) of the Aliens Act, 1963 (Act 160), read as follows: “12. (1) An alien is liable to deportation—

(a) if a Court recommendation for his deportation is effective under the following subsection; or ...

(2) A court recommendation for the deportation of alien shall be effective for the purposes of paragraph (a) of the preceding subsection if it was made by a court on co…

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