NYARKO
V.
THE REPUBLIC

(2000) JELR 69780 (HC)    
High Court  ·  18 Dec 2000 ·  Ghana
 · 
Other Citations
[1999-2000] 2 GLR 252
CORAM
KANYOKE J
Core Terms Beta
appellant
sentence
hard labour
case
months imprisonment
judicial authorities
record
high court
trial circuit court judge
substantial miscarriage of justice
face of the record
inter alia
taylor j
west african court of appeal
court of appeal
criminal procedure code
district court
error of law
facts of the case
guilty simpliciter
procedural irregularity
seedi v commissioner of police
accused person
case of biney v
circuit court
circumstances of this case
conviction of the appellant
courts act
criminal code
district magistrate
failure of the trail circuit court judge
failure of the trial circuit court judge
following decision
following order
judgment of the trial court
learned commissioner
mere irregularity
notice of appeal
omission of a vital part of a trial
point shows
present case
receipt of a copy of the record proceedings
relevant facts
said charge
sarkodee-addo j
such additional grounds of appeal
supportive judicial authority
technical error
trial circuit judge straightaway

JUDGEMENT

Kanyoke J.

The appellant was on 17 October 2000 arraigned before the Circuit Court, Tepa on a charge of stealing, contrary to section 124(1) of the Criminal Code, 1960 (Act 29). When the charge was read and explained to the appellant, he pleaded guilty simpliciter to the offence. After the prosecutor had given the facts of the case, the trial circuit judge straightaway sentenced the appellant to twelve months Imprisonment with hard labour without first recording a conviction of the appellant. The appellant has now appealed against the judgment of the trial court on three grounds, namely: (1) that the judgment or verdict is unreasonable and cannot be supported having regard to the evidence on record; (2) the trial circuit court judge erred in law when he sentenced the accused to a term of twelve months imprisonment with hard labour without convicting the accused of any offence, which said sentence has occasioned substantial miscarriage of justice to the accused; and (3) the lac…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login