REGINA vs. MENSAH AND OTHERS

JUDGMENT OF VAN LARE J.A Van Lare, J.A. delivered the judgment of the court. (After dealing with the appeals of the first and second appellants he continued). The sixth accused (that is the third appellant) was sentenced without any clear finding of guilt having been recorded against him, in violation of statutory requirements. It is impossible to discover in respect of what offence he was sentenced. The charges against him were two—housebreaking (Count 3), and stealing (Count 4). He was discharged on the housebreaking charge, for in the course of his judgment the learned Commissioner said, “There being a doubt as to the part he played with respect to count 3, the benefit of it is given him.” With regard to the stealing charge, the learned Commissioner continued as follows:— “Not so however with respect to count 4. From the highly suspicious circumstances in which he took in the exhibits and the manner in which he tried to secure them and himself from the police it i...