JUDGMENT
To provide some context for this appeal, it is necessary to mention certain provisions of our criminal laws which are applicable to this case.
It is provided in S. 226(1)(c) of the Criminal and other Offences (Procedure) Act, 1960, Act 30 as follows:
(1) A person commits a misdemeanor who endeavours to resist or prevent the execution of the law –
(c) By escaping personally or permitting to be rescued by any other person from lawful custody
Subsection 2 of that section also reads as follows:
(2) Where a person in lawful custody under a sentence of imprisonment escapes, the time during which that person is at large shall NOT be taken into account in computing the term of the original sentence. (emphasis mine)
The Appellant in this case was arrested in 2014 and arraigned before the Circuit Court, Berekum for the offence of Stealing. After trial before H/H A. Y. Asibey the Appellant was convicted of the offence and sentenced to a term of imprisonment of ten years. Pursuant to this, a Wa…