Customer Support

GABRIEL JOANNE
V.
THE REPUBLIC

(2012) JELR 68522 (SC)

Supreme Court 18 Apr 2012 Ghana
BriefBot icon

BriefBot Summary

Free

- Majority of the Supreme Court (Owusu, Adinyira, Anin Yeboah JJSC) held that in summary criminal trials, failure by a trial judge to pause for “judicial thought” or explain the consequences of a change of plea in the absence of counsel is

Case Details

Suit Number:CIVIL APPEAL NO. J3/3/2011
Judges:ADINYIRA (MRS.) JSC (PRESIDING), ROSE OWUSU JSC, DOTSE JSC, ANIN YEBOAH JSC, GBADEGBE JSC
Counsel:AUGUSTINE OBOUR FOR THE APPELLANT,K. ASIAMAH-SAMPONG (PRINCIPAL STATE ATTORNEY) FOR THE RESPONDENT

JUDGMENT

ADINYIRA (MRS.) JSC:

I have the privilege of reading beforehand the opinion of my eminent sister Justice Owusu and I agree with her conclusion that the appeal is without merit.

I also had the opportunity to read the dissenting opinion of my esteemed brother Justice Dotse which turned on ground (b) of the appeal. I wish his permission make some comments in relation to that ground.

Ground (b):

‘’The Court of Appeal erred when it held that the trial High Court was right in accepting the plea of the appellant in the absence of her counsel without explaining the consequences to the appellant.’

His Lordship discussed Articles 14 (2) and 19 (2) (f) of the 1992 Constitution in relation to this ground of appeal.

Article 14 (2) provides that:

“14(2) a person, who is arrested, restricted or detained, shall be informed immediately in a language that he understands of the reasons of his arrest and detention and of his right to a lawyer of his choice.”

I do agree with my brother Justice Dotse that …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.