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REPUBLIC v. KUMA

June 24, 1968

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

Justice Amissah J.A. determined an appeal arising from committal proceedings in the district court. The accused was indicted on two counts of stealing, but the magistrate concluded the prosecutions written summary supported defrauding by false pretences, not stealing, and discharged him. The State, represented by Mr. Boison, argued that discharging at committal frustrates the Criminal Procedure Code, 1960 (Act 30), which contemplates alternative convictions at trial. Mr. da Rocha, for the respondent, contended that Part IV of Act 30 does not authorize committal for an offence other than that charged. Interpreting section 184 alongside sections 133162 and section 157(1), the court held that a case to answer includes evidence supporting an alternative offence for which the trial court could convict on the indictment. The magistrate was wrong to discharge. The appeal was allowed and the matter remitted with instructions to commit if the summary supports stealing or any convictable alternative.

JUDGEMENT