[1967]DLHC1494 • April 28, 1967 • High Court
DONTOH vs. THE STATE
The appellant was charged with unlawful entry and stealing ¢15,724.00. He pleaded guilty but there was no record of conviction before sentencing. The trial judge sentenced him to seven years' imprisonment with hard labour on each count, to run concurrently. The appellant appealed against the sentence only.
read moreJUDGMENT OF ARCHER J. The appellant was charged with another on two counts of unlawful entry and stealing the sum of ¢15,724.00. He pleaded guilty to the charge but there is no record that he was convicted by the learned trial circuit judge on the plea of guilty. It is, however, recorded that the trial judge, after hearing the facts, sentenced the appellant to seven years’ imprisonment with hard labour on each count-sentences to run concurrently. He appealed against sentence only. Nevertheless, during the hearing, the learned assistant state attorney agreed with the court that there was nothing on record to show that the appellant was convicted after his plea. Section 171 (2) of the Criminal Procedure Code, 1960 (Act 30), reads: “If the plea is one of guilty the plea shall be recorded as nearly as possible in the words used, or if there is an admission of guilt by letter under section 70 (1) such letter shall be placed on the record and the Court shall convict the accused perso...