REPUBLIC
V.
DISTRICT MAGISTRATE GRADE II, OSU; EX PARTE YAHAYA

(1986) JELR 63572 (HC)    
High Court  ·  1 Nov 1986 ·  Ghana
CORAM
BROBBEY J.
Core Terms Beta
applicant
evidence
magistrate
conviction
prosecution
section
sentence
case
defence
explanation
procedure
accused person
criminal charge
criminal procedure code
days
former employer
guilt of the accused
instant case
osu magistrate
reasonable doubt
supreme court
accused persons
authorities
brobbey j.
cardinal principles of criminal law
case law
case of state v
commissioner of police
complete disregard of the provisions
face of the record
final sentence
following expression
former criminal procedure code
guilt of an accused person
high court
issaka yahaya
judgment of the high court
large extent
learned magistrate
magistrate suo motu
number of cases
order of certiorari
osu district court
principles of natural justice
record of proceedings
rule
state prosecutor
state v
statutory laws
trial judge

BROBBEY J.: The applicant, Issaka Yahaya, was arraigned before the Osu District Court, Grade II on a charge of stealing from a kiosk belonging to his former employer. He was alleged to have broken into the kiosk in the night and taken the items therein but was caught red-handed by neighbours while leaving the kiosk with those items. When the case was called before the magistrate and the charge read and explained, the applicant pleaded “not guilty.” According to the record of proceedings, the applicant explained thereafter that although he entered the kiosk, it was the complainant, his former employer, who asked him to do that and take away the goods.

Upon hearing this explanation from the applicant, the magistrate suo motu changed his plea to guilty because she did not believe his explanation. She then convicted and sentenced him to twelve months’ imprisonment.

It is against the conviction and sentence that this application for an order of certiorari has been brought to be quashed on th…

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