[1993]DLCA847 • April 8, 1993 • Court of Appeal
REPUBLIC vs. ATTORNEY-GENERAL; EX PARTE ABBEY
The appellant, convicted in 1964 by the Circuit Court, Takoradi, for attempted stealing and stealing a cheque leaf, sought to quash his conviction decades later after being denied recognition as Paramount Chief due to the conviction. The prosecution's facts were not recorded, and court and police dockets were missing. The appellant pleaded guilty on advice from his bank manager, paid fines, and did not appeal at the time. The appellant argued the conviction was void due to non-compliance with section 171 of the Criminal Procedure Code, 1960 (Act 30).
read moreJUDGMENT OF AMUAH JA. This is an appeal against the ruling of the High Court, Sekondi dated 27 January 1992 for refusing to grant an order of certiorari to quash the conviction and sentence imposed on the appellant in 1964. the brief facts of the case are as follows: On 7 September 1964 the appellant was convicted on two charges of (1) attempted stealing; and (2) stealing of a cheque leaf of a customer of the Bank of West Africa (now Standard Chartered Bank) by the Circuit Court, Takoradi and sentenced on the first charge to twelve pounds or in default one month’s imprisonment and a fine of £40 or in default to be committed to prison for two months with hard labour. The fines were paid. The facts on which the prosecution relied to establish their case were not recorded and all attempts to obtain this information from the police or court dockets have failed because the dockets could not be traced. The convictions stood against him, he did not appeal and did not consider them to...