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KPEKATA
V.
COMMISSIONER OF POLICE

(1963) JELR 81870 (SC)

Supreme Court 3 May 1963 Ghana
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- The appellant, a public officer and works foreman, was convicted by the Circuit Court, Tamale, on charges of extortion (Criminal Code 1960, s. 239(1)) and defrauding by false pretences (Criminal Code 1960, s. 131), based on allegations th

Case Details

Judges:ADUMUA-BOSSMAN, JSC, OLLENNU, JSC, BLAY, JSC
Counsel:W. Adumua-Bossman for the appellant. N. O. Annan, Senior State Attorney, for the respondent.
Other Citations:[1963] 1 GLR 398 - 402

JUDGMENT

BLAY JSC

The appellant in this case was charged and tried before the Circuit Court, Tamale, on two counts, one of extortion by a public officer, contrary to section 239 (1) of the Criminal Code 1960, and one of defrauding by false pretences, contrary to section 131 of the Criminal Code, 1960. He was convicted on both counts and sentenced to a day's imprisonment plus a fine of £G150 or twelve months' imprisonment with hard labour on each. The fines were non-cumulative and the sentences concurrent. From this conviction and sentence he has appealed to this court on eleven original grounds of appeal to which five more were added by leave in this court. At the hearing of the appeal it was pointed out to the learned senior state attorney that the two charges appear to be contradictory, in that if the appellant did demand the amount he is alleged to have obtained under colour of his office as a works foreman and a public officer, then he could not at the same time be charged with obt…

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