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OKYERE AND ANOTHER
V.
THE REPUBLIC

(1972) JELR 69027 (HC)

High Court 17 Nov 1972 Ghana
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- The court granted bail pending appeal where there was a prima facie infringement of the applicants’ constitutional rights during trial, holding such breach itself constitutes a miscarriage of justice. - The key principle: under the 1969 C

Case Details

Judges:HAYFRON-BENJAMIN J.
Counsel:ADAMAFIO FOR THE APPLICANTS; G. K. AVAH FOR THE RESPONDENTS.
Other Citations:[1972] 1 GLR 99

HAYFRON-BENJAMIN J.

This is an application by the second and third accused persons for bail pending appeal. The second accused applicant was charged on one count of conspiracy to steal, two counts of pretending to be a public officer, and one count of stealing. The third accused applicant was charged on one count of conspiracy to steal, one count of aiding and abetting stealing, and two counts of aiding and abetting extortion. The accused persons were found guilty and convicted on all counts. The second accused applicant was sentenced to four years’ imprisonment with hard labour on each count and the third accused was sentenced to eighteen months’ imprisonment with hard labour on each count. All the sentences were to run concurrently. The judgment was delivered on 27 August 1971 , i.e. over two months ago. On 25 October 1971, the applicants applied for bail before this court. I dismissed their application but directed the registry to expedite the preparation of the record of proceedin…

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