NKANSAH
V.
THE REPUBLIC

(1979) JELR 63686 (HC)    
High Court  ·  16 Nov 1979 ·  Ghana
 · 
Other Citations
[1978] GLR 184
CORAM
OWUSU-ADDO J.
Core Terms Beta
offence
charge
statement of offence
executive instrument
appeal
omission
accused person
criminal procedure code
miscarriage of justice
reasonable information
appellant’s case
case of republic v
controlled price
hard labour
nature of the charge
sections
additional ground of appeal
appellant’s counsel
assin fosu district court
case of asamoah v
contrary view
contravened enactment
court’s attention
defective statement of offence
english cases
essential legal requirement
great deal
grounds of appeal
headnote read
hearing of the appeal
high court judge
inclusion of the executive instrument
learned judge
objective test
omission of a reference
only serious point
ordinary language
owusu-addo j.
particulars of offence grace nkansah
present case
reasonable information of the offence
relevant provisions
said particulars
senior state attorney
sentence of the appellant
simple language
special rules
such particulars
sufficient information
triable offence

OWUSU-ADDO J.: The appellant was convicted by the Assin Fosu District Court, Grade II on 19 December 1977, of the offence of selling above the controlled price contrary to sections 2 (1) and 3 (1) of the Price Control Decree, 1974 (N.R.C.D. 305). She was sentenced to three months’ imprisonment with hard labour and ordered to refund to the complainant an amount of ¢2.40, being double the illegal profit. Her appeal is against both her conviction and sentence.

Originally two grounds of appeal were filed but at the hearing of the appeal the only serious point raised in the additional ground of appeal was strenuously argued by the appellant’s counsel. It reads, “The charge as stated in the statement of offence did not disclose any triable offence.”

In his submission learned counsel urged that omission of a reference to the contravened executive instrument namely, the Price Control (Maximum Prices) (Amendment) (No. 3) Order, 1975 (E.I. 50 of 1975), in the statement of offence, rendered the st…

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