JUDGMENT OF OWUSU AG. J.
The appellant was convicted on his own plea by the District Court, Grade II, Takoradi, of being on premises for an unlawful purpose. The charge against him alleged that he was found on the premises of one Emmanuel Asare Kumi for an unlawful purpose, to wit, stealing. The record of the district magistrate reads:
"Accused in dock.
Charge read and explained in Fante.
Plea—Guilty.
Sentence:
Accused is convicted on his own plea and sentenced to six months' imprisonment with hard labour."
Against his conviction and sentence he appealed to this court on the following grounds:
"(a) That the sentence is excessive.
(b) That the district magistrate failed to inquire into the facts of the case from the prosecution before proceeding to convict the accused and as such he was disabled from acting on the proviso to section 171 (2) of Act 30 of 1960."
Section 171 (2) of the Criminal Procedure Code, 1960 (Act 30), provides:
“171. (2) If the plea is one of guilty the plea shall be recorded as nearly as possible in the words used, or if there is an admission of guilt by letter under section 70 (1) such letter shall be placed [p.87] on the record and the Court shall convict the accused person and pass sentence or make an order against him, unless there shall appear to it sufficient cause to the contrary."
As it appears on the record, there is no indication whatsoever that the facts of the case and the explanation of the appellant were received by the court. The accused person was not represented and might have pleaded guilty in ignorance; there was, therefore, a duty upon the magistrate to have recorded the facts as contended by the prosecution and also the explanation offered by the accused before exercising the discretion to convict; for the trial magistrate could on the facts have discharged the appellant.
There have been several judicial decisions and circulars from his lordship the Chief Justice to the effect that the provisions of section 171 (2) of Act 30 should be strictly adhered to by circuit judges and district magistrates. The failure of a court in summary trials, where the accused person has pleaded guilty, to hear the facts of the case before proceeding to convict disables that court from determining whether or not there is sufficient cause to the contrary: Act 30, s. 171 (2).
This court has considered seriously the provisions of section 324 (3) of Act 30 which provides that no appeal shall be entertained against convictio
