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REPUBLIC v. BOFAH AND ANOTHER

July 8, 1968

HIGH COURT

GHANA

CORAM

  • BAIDOO J

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

BAIDOO J considered a State appeal against sentences imposed on James Akwasi Bofah, a produce clerk, and Kwame Meduo, a cashier of the State Cocoa Marketing Board at Hwidiem, who had pleaded guilty and were convicted by the Circuit Court at Acherensua for stealing N¢2,014.69 of public money. The trial judge had ordered each man to enter a bond of N¢500 to be of good behaviour for two years with a default term of twelve months’ hard labour, and then purported to caution and discharge them, later cancelling that order. The appellate court criticized this as double punishment and noted that orders should stand unless corrected by the appellate court. Rejecting leniency and emphasizing deterrence in cases of embezzlement of state funds, BAIDOO J set aside the sentences and substituted two years’ imprisonment with hard labour for each accused, with the restitution order to stand. A cross-appeal alleging inducement to plead guilty was withdrawn; the court affirmed the convictions and held there was no right of appeal against conviction under section 324(3) of Act 30.

JUDGEMENT