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FYNN AND ANOTHER
V.
THE REPUBLIC

(1971) JELR 65375 (HC)

High Court 27 Sep 1971 Ghana
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- The High Court reaffirmed that bail pending appeal is an exceptional remedy, available only where there are “exceptional circumstances”, a prima facie erroneous conviction, or where there is likely to be undue delay such that a substantia

Case Details

Judges:TAYLOR J.
Counsel:ORLEANS POBEE FOR THE APPLICANTS; J.C. AMONOO-MONNEY SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1971] 2 GLR 433

TAYLOR J.

This is an application for bail pending appeal. In my opinion it is a matter of great moment and of the utmost importance and calls for very anxious and serious consideration. This is because it involves the proposition that a person who has been found guilty and convicted by a court of competent jurisdiction and whose sentence of imprisonment has not been set aside must nevertheless be let loose on the community instead of his staying in prison to serve a sentence which is prima facie deserved. The matter becomes even more serious where the conviction is not by a grade II district court, manned as such courts are by lay magistrates, but by a judge at the circuit court. In dealing with this matter I must surely not lose sight of the fact that once a convict sentenced to a prison term is encouraged and permitted to be at large the appellate court on grounds of humanity is often in a dilemma and reluctant to send the said convict back to prison. In this connection I recall tha…

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