BIMPONG v. THE REPUBLIC
1990
SUPREME COURT
GHANA
CORAM
- ADADE
- TAYLOR
- FRANCOIS
- WUAKU
- AMUA-SEKYI JJ.S.C
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
1990
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The applicant was convicted of multiple counts of falsification of accounts and stealing, receiving a fourteen-year prison sentence. After his appeals were dismissed by both the High Court and the Court of Appeal, he applied to the Supreme Court for an extension of time to appeal. The Supreme Court dismissed the application, ruling that applicants must first seek leave from the Court of Appeal before appealing to the Supreme Court. The court also clarified that Rule 66(1) of C.I. 13 does not apply to criminal proceedings, and circumventing procedural rules without proper leave is not permissible.
JUDGMENT OF TAYLOR J.S.C.
Taylor J.S.C. delivered the ruling of the court. The applicant herein was convicted at the circuit court for the offences of falsification of accounts and stealing on a number of counts which counsel for the Republic informs us were more than 40. He was sentenced in all to a total term of fourteen years' imprisonment with hard labour. His appeal to the High Court was dismissed and on 7 November 1988 his further appeal to the Court of Appeal was equally dismissed.
In the instant notice of motion filed in this court on 31 August 1989, a little over nine months after the dismissal by the Court of Appeal, he applies to us for an extension of time within which to appeal against his said conviction and sentence as so confirmed by the Court of Appeal. It is not necessary to consider the particulars of the offences nor his complaint set out in the grounds of appeal which he intends to urge on this court that his sentence of fourteen years was harsh. It is sufficient to observe that the applicant is an accountant by profession and that the value of the properties involved in the charges was put by Mrs. Anson, counsel for the Republic, at ¢2.6 million. It is also noteworthy that under section 296 (5) of the Criminal Procedure Code, 1960 (Act 30), as amended by the Criminal Procedure Code (Amendment) Act, 1965 (Act 261), the offences on which the applicant was arraigned carry terms of imprisonment not exceeding 25 years.
Be that as it may, the time for, and the manner of appealing to this court from a decision of the Court of Appeal in a criminal cause or [p.254] matter have been clearly set out in rule 31 of the Supreme Court Rules, 1970 (C.I. 13). The relevant provisions are as follows:
"31. (1) Where the Republic or any person desires to appeal to the Court in a criminal cause or matter he shall give notice of a criminal appeal or notice of an application for leave to appeal within one month of the decision of the Court below.
(2) The period within which notice of a criminal appeal or notice of an application for leave to appeal may be given may be extended at any time by the Court or by the Court below on an application on notice.
(3) The notice of a criminal appeal or notice of an application for leave to appeal or notice of an application for extension of time within which such notice shall be given, as the case may be, shall be filed with the Registrar of the Court below.
(4) Where the Court below refuses to grant an applicat