R. vs. SARPONG

This appeal was the third case of its kind to come before this Court within a period of two weeks. In each case the record disclosed a failure on the part of a Commissioner of Assize sitting with the aid of assessors to observe the statutory directions given to all Judges in such cases by the provisions of Section 300 of the Criminal Procedure Code. The section reads as follows:- “300 (1) When, in a case tried with assessors, the case on both sides is closed, the Judge may sum up the evidence for the prosecution and the defence, and shall then require each of the assessors to state his opinion orally, and shall record such opinion. (2) The Judge shall then give judgment and in so doing shall not be bound to conform with the opinion of the assessors, but he shall record his judgment in writing and in every case such judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the Judge at th.....