JUDGMENT OF QUASHIE-SAM AG.J.
This is an appeal filed against conviction on charge of stealing preferred against the appellant under section 124 (1) of the Criminal Code, 1960 (Act 29), for which he was convicted and sentenced to three months' imprisonment.
The appellant, who is a fitter, was, on 3 June 1968, arraigned before the district court, faced with the charge of stealing one hydraulic cylinder valued at N¢80.00 the property of the Ghana Government. He was represented by counsel. He pleaded not guilty to the charge. Upon counsel's application, the appellant was granted bail and the hearing adjourned to the following day, 4 June 1968. On the adjourned date, the accused was again represented by the same counsel who informed the court that the accused was "taking a new course,” whereupon the charge was read and explained to [p.750] the appellant. The appellant then pleaded guilty. The prosecuting officer proceeded to give the facts which led to the offence and subsequent recovery of the cylinder. Counsel also informed the court of the circumstances under which the appellant took the cylinder, after which he proceeded to plead for leniency for the appellant. The accused was convicted on his plea and sentenced accordingly. This then constituted the whole proceedings. By reason of subsection (3) of section 324 of the Criminal Procedure Code, 1960 (Act 30), no person who has pleaded guilty to a charge and has been convicted thereof has a right of appeal against his conviction. This law is mandatory for it enjoins the appellate court not to entertain an appeal in those circumstances. There are, however, cases where the appellate court may entertain an appeal, in spite of the provisions of section 324 (3) of Act 30, the circumstances being as laid down in Duah v. Commissioner of Police (1950) 13 W.A.C.A. 85 and in R. v. Forde [1923] 2 K.B. 400 at p. 403, C.C.A. in the following statement:
"A plea of Guilty having been recorded, this Court can only entertain an appeal against conviction if it appears (1.) that the appellant did not appreciate the nature of the charge or did not intend to admit he was guilty of it, or (2.) that upon the admitted facts he could not in law have been convicted of the offence charged."
These conditions have been applied in the cases of the State v. Arthur Seshie, High Court, 13 November 1964, unreported; digested in (1965) C.C. 32 and Yeboah v. The State [1964] G.L.R. 715 where they were examined in relation to section 1
