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September 9, 1968
HIGH COURT
GHANA
CORAM
JUDGMENT OF EDUSEI J.
It has been repeated by the superior courts of this land that in summary trials the facts as given by the prosecutor must appear in the record of proceedings when an accused person pleads guilty.
It is only in this way that an appellate court will be able to determine whether the facts recorded do constitute an offence or may show that a plea of not guilty be entered instead. Circuit and district courts appear not to follow his directive and I have had several opportunities to bring this state of affairs to the notice of the Judicial Secretary who has sent out several circulars on the directions of the Chief Justice to courts of summary jurisdiction but the directive is not being followed. I have to repeat it again that on a plea of guilty by an accused person the facts as given by the prosecutor must be recorded by the circuit judge or the district magistrate and hope this instruction will henceforth be followed.
In this case, the district magistrate on a plea of guilty recorded as follows: "Accused after assaulting the complainant ran to the police to make a frivolous complaint." What facts are on record for the appellate court to agree or disagree with the trial court that the complaint lodged with the police by the appellant was frivolous? This question is unanswerable from the material on record and this shows that the provisions of section 171 (2) of the Criminal Procedure Code, 1960 (Act 30), were not complied with because this court cannot determine whether or not there is "sufficient cause to the contrary."
In the circumstances, I allow the appeal against conviction and sentence. In view of the fact that the appellant had been in prison for [p.768] almost two-and-half months I do not wish to order a new trial.
DECISION
He is accordingly acquitted and discharged.
S. K. T.
AI Generated Summary
Justice Edusei delivered an appellate judgment overturning a district magistrate’s summary conviction entered on a guilty plea. He emphasized a long-standing directive of the superior courts that, when an accused pleads guilty in summary proceedings, the prosecutor’s facts must be recorded in the proceedings. Despite circulars sent by the Judicial Secretary on the directions of the Chief Justice to circuit and district courts, the directive was not followed here. The magistrate’s record contained only the bare note that the accused assaulted the complainant and then ran to the police with a frivolous complaint, leaving no factual basis for appellate review. Justice Edusei explained that without recorded facts the appellate court cannot assess whether the facts constitute an offence or indicate that a not-guilty plea should have been entered, and found non-compliance with section 171(2) of the Criminal Procedure Code, 1960 (Act 30). He allowed the appeal, declined to order a retrial due to time served, and acquitted and discharged the appellant.