THE REPUBLIC v. PATRICK OSEI ADDO

RULING

Background:

The Accused Person was charged with the following counts;

(a) False Communication: Contrary to Section 76(1) of the Electronic

Communications Act, 2008 (Act 775).

(b) Offensive Conduct Conducive to the Breach of the Peace: Contrary to

Section 207 of the Criminal Offences Act, 1960 (Act 29).

On the 31st of May 2023, the Accused Person pleaded guilty with explanation and

the court entered a plea of guilty for him on both counts based on the

explanation he proffered. The Accused Person was subsequently convicted on

both counts but the case was stood down for onward sentencing. When the case

was recalled, Counsel announced himself as representing the Accused Person

and prayed for the plea of the Accused Person to be retaken. Counsel prayed the

court to have a relook at the whole procedure and humbly contended that Constitutional provisions were not adhered to in prosecuting this very case. He

submitted that the Accused person was not informed of his right to Counsel

neither was he offered the adequate time and facilities as a matter of fact nor did

he understand or appreciate the entire proceedings before Court. He therefore

concluded his submissions by praying for the plea of the Accused person be

taken again.

Chief Inspector Wonder, prosecuting for the Republic, vehemently opposed the

prayer of Counsel and disagreed with the submissions of Counsel on the

grounds that the Accused person was arrested by the Police on the 8th of May

2023 of which a Caution Statement was obtained from him and he appended his

signature. Prosecution stated that from the 8th of May till the 31st of May, the

Accused Person had adequate time to engage the services of the Counsel.

Prosecution disagreed with Counsel’s position that Constitutional provisions

were not adhered to and maintained that the principle of fairness and due

diligence were adhered to before conviction. The matter was adjourned for a

Ruling. On the 7th of June, 2023, a date set for the Ruling of the Court on whether

or not the Accused Person can retake his plea after he has been convicted, the

court’s attention was drawn to a letter written, signed by the Complainant and

dated 6th June 2023. In the said letter, the Complainant herein, pleaded with the

court for an Out of Court Settlement with the option to return to court should the

Out of Court Settlement fail.

Analysis

The Criminal and Other Offences (Procedure) Act, 1960 (Act 30) is an Act enacted

to consoli