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WATARA
V.
THE REPUBLIC

(1974) JELR 65401 (HC)

High Court 10 Apr 1974 Ghana
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- The appellant is appealing against his conviction and sentence in the Circuit Court, Sunyani. - The appellant was charged with fraudulent evasion of customs duties and pleaded guilty in the District Court Grade I, Wenchi. - The appellant

Case Details

Judges:OSEI-HWERE J.
Counsel:EWUSIE-WILSON (OPPONG WITH HIM) FOR THE APPELLANT; OSSEI (HOLDING C. S. K. AGBANU’S SENIOR STATE ATTORNEY BRIEF) FOR THE REPUBLIC.

OSEI-HWERE J.

By his petition of appeal the appellant brings this appeal against the conviction (and inferentially against the sentence) of the Circuit Court, Sunyani. The facts giving rise to the appeal are that on 6 June 1972, the appellant was arraigned before the District Court Grade I. Wenchi, on a charge of fraudulent evasion of customs duties contrary to section 317 (1) (f) of the Criminal Code, 1960 (Act 29), as substituted by the Criminal Code (Amendment) Act, 1971 (Act 364). The particulars of the offence, as appear on the charge sheet, are as follows:

“Lamini Watara, lorry driver: For that you on the 24th day of December 1971 at Wenchi in the Brong-Ahafo Magisterial District and within the jurisdiction of this court, were knowingly concerned in fraudulent evasion of customs duties.”

After the statement had been read and explained to the appellant he pleaded guilty and the prosecutor proceeded to give the facts. The recorded facts are the following:

“On 24 December 1971, polic…

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