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FOFIE
V.
THE REPUBLIC

(1977) JELR 85865 (HC)

High Court 21 Oct 1977 Ghana
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Case Details

Judges:MENSA BOISON J.
Counsel:Obeng-Manu for the appellant. Frimpong-Armah, Senior State Attorney, for the Republic
Location:Sunyani
Other Citations:[1978] GLR 199-205

JUDGEMENT OF MENSA-BOISON J.

The appellant was convicted on 21 September 1977 for assault and battery on another woman, contrary to section 84 of the Criminal Code, 1960 (Act 29), by the District Magistrate, Berekum. The conviction was on a plea of guilty, the appellant having changed her plea at a late stage of the case for the prosecution. The learned magistrate passed sentence as follows:

"(1) The accused is convicted on her fresh plea and sentenced to three months' imprisonment with hard labour.

(2) In addition, the accused is bound over (self-recognisance) to be of good behaviour for a period of two years or one year's imprisonment with hard labour in default."

Mr. Obeng-Manu, counsel for the appellant, has appealed against the sentence on the principal ground that the sentence was harsh. Except for one point of law, which I shall deal with presently, most of his submissions were matters of mitigation. These were mainly related to matters of personal hardship arising from the appella…

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