GRUNSHIE v. THE REPUBLIC
December 9, 1968
HIGH COURT
GHANA
CORAM
- ABOAGYE J
Areas of Law
- Criminal Law and Procedure
December 9, 1968
HIGH COURT
GHANA
CORAM
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JUDGMENT OF ABOAGYE J.
On 13 August 1968, the appellant was put before the District Court Grade II, Prestea, on charges of failing to report to the police whilst a convict on licence and living by dishonest means whilst a convict on licence contrary to section 395 (2) and (3) and section 396 respectively of the Criminal Procedure Code, 1960 (Act 30). He pleaded guilty to both charges and was convicted by the district magistrate and recommitted on each count to prison for a term of seven months fourteen days after the magistrate had rejected the appellant's explanation that he was admitted to the [p.1103] Tarkwa hospital and that was why he could not report. The sentences are to run concurrently.
On 2 October 1968, the appellant filed an application for extention of time within which to appeal and a petition against his sentence. The application came before me on 8 November 1968 and having gone through the copy of the record of proceedings I granted the application and leave to appeal.
The facts of the case as they can be gathered from the copy of the record of proceedings are that on or about 9 November 1963, the appellant was convicted of stealing and sentenced to two years’ imprisonment with hard labour. The sentence was to expire on 8 November 1965, but he was released on licence before then and asked to report to the police at Prestea monthly up to 8 November 1965. He failed to report and some time in March 1967 he was convicted of stealing at Dunkwa. On 28 June 1968, he was again convicted of stealing at Twifu.
Section 395 (2) and (3) of Act 30 under which the appellant was charged on count 1 reads as follows:
"(2) Every holder of a convict's licence shall once in each month report himself at the police station nearest to his residence at such time and in such manner as the competent police authority shall direct; and such report shall, according as such authority shall direct, be made either personally, or by letter.
(3) If any holder of a convict's licence who is at large in Ghana after having reported himself as required by subsection (1), remains in any place forty-eight hours without notifying the place of his residence at the police station nearest to his residence, or fails to comply with the requirements of this section as to reporting himself within seven days of his release, or as to reporting himself on the occasion of any change of residence, or as to reporting himself once in each month, he shall in every such case, unless he prov
AI Generated Summary
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.