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AKRONG AND ANOTHER v. THE REPUBLIC

July 5, 1972

HIGH COURT

GHANA

CORAM

  • ABOAGYE J

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

ABOAGYE J considered an application for bail pending appeal by applicants convicted of assault in the District Court Grade I, Korle Gonno, and sentenced to four months’ imprisonment with hard labour. Notices of appeal were filed the following day. Invoking section 332(1) of the Criminal Procedure Code, 1960 (Act 30), the applicants argued that delay in preparing the record and the impending legal vacation would prevent the appeal from being heard until they had served all or a substantial portion of their sentences. The Republic, represented by Mr. Hayfron‑Benjamin, opposed, relying on State v. Halm to contend that, absent the proceedings and without showing prospects of success, bail must be refused. Reviewing authorities including R. v. Newbery, R. v. Harding, R. v. Tunwashe, State v. Owusu, and Fynn v. The Republic, the court held that bail may be granted despite the absence of the record where substantial service of the sentence is likely before hearing. Noting the offence’s minor nature and expected delay, the court granted each applicant bail of ¢200.00 with one surety pending appeal.

JUDGMENT