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ATINGA FRAFRA v. THE REPUBLIC

January 31, 1968

HIGH COURT

GHANA

CORAM

  • OWUSU AG. J

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

Owusu Ag. J. considered an appeal from a conviction entered by the District Court, Grade II, Takoradi, following the appellant’s guilty plea to being found on the premises of Emmanuel Asare Kumi for an unlawful purpose, to wit, stealing. The magistrate’s record contained only the plea and sentence of six months’ imprisonment with hard labour, without any recording of the prosecution’s facts or the accused’s explanation. On appeal, the appellant argued the sentence was excessive and that the magistrate failed to inquire into and record the facts, contrary to section 171(2) of the Criminal Procedure Code, 1960 (Act 30). The appellate court examined sections 324(3) and 406(1), recognizing that a guilty plea may be re-opened and that appellate intervention requires a substantial miscarriage of justice. Concluding that the failure to record facts disabled proper exercise of discretion under section 171(2) and occasioned a miscarriage, the court quashed the conviction and sentence, entered a plea of not guilty, and ordered a retrial by the Circuit Court, Takoradi.

JUDGMENT