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DOM
V.
THE REPUBLIC (PRACTICE DIRECTION)

(1968) JELR 84030 (HC)

High Court 9 Sep 1968 Ghana
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- Appellate court held that, upon a guilty plea in summary trials, the prosecutor’s facts must be recorded to permit appellate review and ensure compliance with section 171(2) of the Criminal Procedure Code, 1960 (Act 30). - Conviction and

Case Details

Judges:EDUSEI J.
Counsel:K. A. Sarpong for the appellant. W. Halm, Assistant State Attorney, for the Republic.
Location:Capecoast
Other Citations:[1968] GLR 767 - 768

JUDGEMENT

EDUSEI J.

It has been repeated by the superior courts of this land that in summary trials the facts as given by the prosecutor must appear in the record of proceedings when an accused person pleads guilty.

It is only in this way that an appellate court will be able to determine whether the facts recorded do constitute an offence or may show that a plea of not guilty be entered instead. Circuit and district courts appear not to follow his directive and I have had several opportunities to bring this state of affairs to the notice of the Judicial Secretary who has sent out several circulars on the directions of the Chief Justice to courts of summary jurisdiction but the directive is not being followed. I have to repeat it again that on a plea of guilty by an accused person the facts as given by the prosecutor must be recorded by the circuit judge or the district magistrate and hope this instruction will henceforth be followed.

In this case, the district magistrate on a plea of guil…

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