GRUNSHIE v. THE REPUBLIC

In this criminal appeal, Aboagye J reviewed the convictions and sentences imposed by the District Court Grade II, Prestea, on an appellant charged with failing to report to the police while on licence and living by dishonest means while on licence, under sections 395(2), 395(3), and 396 of the Criminal Procedure Code, 1960 (Act 30). The appellant had pleaded guilty, but explained that hospitalization at the Tarkwa hospital prevented him from reporting. Examining the record, the judge held that section 395(3) recognizes a defence when circumstances beyond the convicts control impede reporting, and criticized the magistrate for not entering a plea of not guilty to allow proof. The court also concluded that recommitment under section 395(3) is confined to the unexpired residue of sentence at the date of forfeiture; where apprehension occurs after the licence expires, no residue remains. Distinguishing section 396, which applies only to a convict on licence, the judge found it inapplicable because the appellants licence expired in 1965. The appeal was allowed, and the appellant was acquitted and discharged.