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ZIP ZABRAMA (ALIAS WALLA) v. THE REPUBLIC

December 18, 1967

COURT OF APPEAL

CORAM

  • AZU CRABBE
  • APALOO
  • LASSEY JJ.A

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

On appeal from the High Court, Ho, the Court of Appeal (per Azu Crabbe J.A.) reviewed a robbery conviction arising from a trial before Justice Jiagge sitting with assessors. The appellant had been charged with robbing G18 14s. 2d. (N410) from Anthony Agbeve and sentenced to six years imprisonment. The trial judge, after summing up, simply recorded the assessors unanimous guilty opinions and the appellants previous convictions, then imposed sentence without writing a reasoned judgment, without asking the appellant whether he had anything to say before sentence, and without formally convicting him, contrary to sections 287(2), 287(3) and 288 of the Criminal Procedure Code, 1960 (Act 30). Citing Joseph v. R. and Ghanaian authorities, the court held the trial a nullity, quashed the conviction, and emphasized that the indictment remains. It asserted statutory and inherent powerunder section 16(5) of the Courts Act, 1960 and paragraph 14(5) of the Courts Decree, 1966to order a fresh trial, and directed re-arraignment.

JUDGMENT