GAO AND OTHERS
V.
THE REPUBLIC

(1973) JELR 65600 (HC)    
High Court  ·  16 Jan 1973 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 23
CORAM
OSEI-HWERE J
Core Terms Beta
court
option
appellants
offence
sentence of imprisonment
hard labour
sentence
aliens act
common assault
high court
appellate court
court recommendation
edward wiredu j.
exercise of the court
immigration officer
month’s imprisonment
travel documents
trial court
appellants appeal
breach of aliens compliance order
conviction of an offence
correct interpretation
criminal offences
criminal procedure code
deportation of a convicted alien
district court grade
district magistrate
edusei j.
ex parte ide zabramah
ground counsel
ide zabramah’s case
inferior court
inter alia
interpretation of the word
later decision of edusei j.
minimum punishment
minor offence of common assault
only ground
option of a fine
order of the trial magistrate
osei-hwere j.
person of quashie-sam j.
proper interpretation of section
purposes of paragraph
question of recommendation
section 2a of act
sections
such appeal
whole gamut of our criminal law
years’ imprisonment

OSEI-HWERE J.: The appellants were arraigned before the District Court Grade I, Wenchi, on a charge of “Breach of Aliens Compliance Order” [sic.] contrary to sections 2 (2) and 25 (1) (d) of the Aliens Act, 1963 (Act 160). Section 2 subsection (2) of the Aliens Act, 1963 (Act 160), provides that, “Where a person enters Ghana at a place to which an immigration officer is assigned, he shall, on his arrival, appear before the immigration officer at that place. Whilst section 25 subsection (1) (d) of the same Act also stipulates that, “(1) Any person who does any of the following— . . . (d) disobeys or disregards any obligation or direction imposed by or under the provisions of this Act . . . shall be guilty of an offence . . .” The appellants pleaded guilty to the charge and they were convicted and sentenced to a term of one month’s imprisonment with hard labour each. In addition the magistrate recommended that the appellants be deported from Ghana after serving the sentence.

The recorded…

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