Mathias Ashabi v. The Republic

SOWAH J. A. The appellant was convicted by the Circuit Court (Akropong) on 6th October 2011 for “Being in possession of Narcotic drugs contrary to section 2(1)(2) of PNDCL 236 of Act 1990” and sentenced on his own plea of guilty to 15 years imprisonment.

He appealed his conviction and sentence to the High Court, Koforidua which on 2nd May 2012 dismissed the appeal and rather enhanced the sentence from 15 years to 25 years IHL.

Being aggrieved with the decision contained in the judgment of the High Court Koforidua, sitting as an appellate court, the appellant has pursuant to leave granted filed this appeal to this court with the following as grounds of appeal: a. The appellate High Court failed to consider the ground of appeal of the appellant that the appellant did not appreciate the nature and quality of his plea of guilty by holding that appellant pleaded guilty simplicity when the charge was read to him.

b. The appellant High Court erred in law when it held that the procedure at the Circuit Court was a summary one and appellant pleaded guilty without adding any words there was no need for the trial Circuit Court to record anything.

c. The appellate High Court misdirected itself when it relied on the facts of the case as if the facts were evidence put before the court.

d. The appellate High Court relied on matters that were not relevant to enhance the sentence of the appellant from 15 years IHL to 25 years IHL.

e. The enhanced sentence is excessive and harsh having regard to the circumstances of the whole case.

The judgment appealed is at pages 31 to 36 of the Record of Appeal.

Arguing grounds 1 and 2 of the appeal together, the appellants’lawyer contends that contrary to the statement in the judgment appealed that the charge had been read and explained to the appellant whereupon he pleaded guilty simpliciter, nowhere in the record of the trial court does it show that the charge sheet was read and explained to the appellant before he pleaded guilty.

The proceedings at the Circuit Court are at pages 4 and 5 of the Record.

At page 4 line 14 is the cryptic statement “CRE in Ewe and Twi”. This court will take judicial notice of the fact that the courts in this country have developed accepted abbreviations of commonly used phrases in writing court notes because of the large volume of cases judges and magistrates have to hear and record by hand every day.

Thus “CRE” is commonly recognized as the abbreviation for “Charge Read and Explained”. The reco