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March 5, 1967
HIGH COURT
GHANA
CORAM
JUDGMENT OF AMISSAH J.A.
The State appeals, in this case, against the acquittal of the three respondents by the circuit court on charges connected with the smuggling of things from prison and out of prison. As most of the issues of the appeal turn on the nature of the charges, clarity demands that these charges be reproduced in full. They are as follows:
"First Count
STATEMENT OF OFFENCE
Smuggling things from a prisoner contrary to section 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293).
[p.96]
PARTICULARS OF OFFENCE
Joseph Kwami Obeng, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region without authority from the prison superintendent conveyed a thing, namely, a letter from one Emmanuel Humphrey Tetteh Korboe through one Osei Owusu Afriyie both persons then being prisoners in the Ussher Fort Prison, Accra.
Second Count
STATEMENT OF OFFENCE
Attempted smuggling things out of prison contrary to sections 18 (2) and 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293).
PARTICULARS OF OFFENCE
Joseph Kwami Obeng, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region, without authority from the prison superintendent attempted to convey a letter from one Emmanuel Humphrey Tetteh Korboe, through one Osei Owusu Afriyie, both persons being prisoners, out of the Ussher Fort Prison.
Third Count
STATEMENT OF OFFENCE
Abetment of smuggling things out of prison: Contrary to sections 20(1) and 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293).
PARTICULARS OF OFFENCE
Osei Owusu Afriyie, E.H.T. Korboe, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region, procured one Joseph Kwami Obeng, in the commission of a crime, namely, smuggling a letter out of Ussher Fort Prison.
Fourth Count
Attempted smuggling things out of prison: Contrary to sections 18 (2) and 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293).
[p. 97]
PARTICULARS OF OFFENCE
Joseph Kwami Obeng, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region, without authority from the prison superintendent attempted to convey a letter from one Yaw addressed to one B.B. out of Ussher Fort Prison.
The case which the prosecution sought to prove was as follows: The first respondent was at the material time a prison officer discharging his duties at Ussher Fort Prison where the second and the Third respondents were then held in protective custody as a resu
AI Generated Summary
This appeal by the State challenges the circuit court’s acquittal of prison officer Joseph Kwami Obeng and detainees Osei Owusu Afriyie and Emmanuel Humphrey Tetteh Korboe on charges arising from clandestine letters at Ussher Fort Prison, Accra. The prosecution alleged Korboe authored a letter passed through Afriyie to Obeng, who hid it in his puttees intending to take it outside; a second letter from “Yaw” to “B.B.” was also found on Obeng during a search. The trial judge held Afriyie and Korboe were not "prisoners," found count 2 duplicitous, and concluded no attempt was made, also invoking Prison Regulations to sideline section 228 of the Criminal Code. Amissah J.A. held protective custody detainees are "prisoners" under the Prisons Act and that section 228 applies notwithstanding prison discipline, rejected the duplicity ruling, but agreed the facts did not constitute an attempt. With no factual findings below, the Court of Appeal ordered a retrial of count 1 before a different circuit judge and dismissed the appeal on counts 2–4, allowing the appeal only in part.