YEBOAH
V.
THE STATE

(1964) JELR 63770 (HC)    
High Court  ·  28 Dec 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 715
CORAM
KINGSLEY-NYINAH J.
Core Terms Beta
appellant
plea
sentence
miscarriage of justice
november
cases
fact
proceedings
appellate court
circumstances
criminal procedure code
district magistrate
hard labour
judicial thought
learned trial district magistrate
previous occasions
record of proceedings
said conviction
third occasion
anxious consideration
appeal
appeal court
available evidence
circumstances of the matter
considered view
criminal appeals
decided view
decision of the lower court
district court
district court’s records
district magistrates
effect of that latter plea
especial regard
exercise of the powers
face of things
first occasion saturday
infrangible principle of law
inherent power
interests of justice
kingsley-nyinah j.
matter proceeding
occasions
power
respondent
resultant conviction
said district magistrate
second occasion saturday
submissions of both learned counsel
things
valid objections

KINGSLEY-NYINAH J.: This is an appeal wherein the appellant who pleaded guilty to a charge of stealing before the District Court, Accra, on 25 November 1964, and was duly convicted and sentenced to a fine of £G25 or three months’ imprisonment with hard labour, now prays that the said conviction and sentence be quashed, because, amongst other things, the proceedings were irregular, the contention being that the appellant was induced to change his plea from an original one of “not guilty” to the one whereon he suffered the said conviction and sentence without appreciating the effect of that latter plea of “guilty.”

On the face of things it would appear that there is no remedy open to the appellant because of the fact that he himself pleaded guilty. But an appellate court has full right and power to look at all available evidence before it in order to determine whether or not a miscarriage of justice has been wrought upon an appellant. Where it is clear that no miscarriage of justice has …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login