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GUNDAA
V.
THE REPUBLIC

(1988) JELR 84329 (HC)

High Court 22 Mar 1988 Ghana
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- Conviction quashed and sentence set aside due to the trial court’s failure to properly record an unequivocal guilty plea where accused’s explanation was ambiguous; a plea of 'guilty with explanation' is not recognized under Ghanaian law.

Case Details

Judges:BENIN J.
Counsel:Muhammed Mumuni for the appellant. Agbolosoo, Senior State Attorney, for the Republic.
Other Citations:[1989-90] 2 GLR 50 - 57

BENIN J.

The appellant was arraigned before the District Court Grade I, Tamale on 8 March 1988 charged with the offence of threat of death under section 75 of the Criminal Code, 1960 (Act 29). The record of proceedings shows that the appellant pleaded guilty with explanation. The facts of the case were given by the prosecution and the appellant's brief explanation was recorded. Thereafter he was convicted on his own plea and sentenced to two years' imprisonment with hard labour. Against this conviction and sentence the appellant on 10 March 1988 filed a notice of appeal and formulated the following grounds of appeal:

"(1) The trial magistrate failed to administer adequately or at all the guilty plea process and the same has occasioned a substantial miscarriage of justice.

(2) The explanation of the appellant showed that the appellant misapprehended the nature of the offence charged and negated the guilty plea and consequently a plea of not guilty should have been entered and the matter…

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