REPUBLIC
V.
CIRCUIT COURT JUDGE, TARKWA; EX PARTE OPOKU

(1999) JELR 69894 (HC)    
High Court  ·  20 Jan 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 55
CORAM
ANSAH J
Core Terms Beta
sentence
applicant
order
court
offender
case
hard labour
november
discretion
republic
baah v
order of certiorari
restitution order
section 147b
sentencing court
trial court
victim of the offence
years’ imprisonment
criminal procedure code
offence
produce buying co.
trial judge
accused failure
accused person
ansah j
civil jurisdiction of the court
court counsel
effect of the above quoted section
execution of a sentence
exercise of the civil jurisdiction of the court
face of the record
facts of this case
following authorities
high court
invalid part of the order of the trial court
judgment of the circuit court
main cocoa season
marketing clerk of the produce buying co
month period
option of a fine stands
order of the trial court
orders
power of suspension
prison sentence
republic v osei
said section 147b of act
sentencing power
trial
trial judge do
value of the bags of cocoa

ANSAH J: Pursuant to leave granted on 27 November 1998, the applicant filed a motion on notice whereby he prayed for an order of certiorari to quash the judgment of the Circuit Court, Takwa, given on 16 November 1998.

The judgment sought to be quashed was as follows:

“I sentence the accused to eight years’ imprisonment with hard labour without the option of a fine. He is also ordered to pay ¢74,195,300 to the Produce Buying Co.

The sentence imposed on the accused is, however, suspended for one month and subject to the accused failure[sic](1) to pay the debt. His liability to pay the debt shall however not be affected if the sentence is served.”

From there that court proceeded to grant bail to the applicant and the case was adjourned from 15 October 1998 to 16 November 1998. On 16 November 1998. On 16 November 1998 it was noted that the applicant had not been able to make any payment. A committal warrant was therefore ordered to be issued and dated from 1 September 1998 when he was arres…

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