[1967]DLHC1545 • March 5, 1967 • High Court
STATE vs. OBENG AND OTHERS
The first respondent, a prison officer at Ussher Fort Prison, was charged with smuggling letters from prisoners (the second and third respondents) without authority from the prison superintendent. The letters were allegedly passed from the third respondent to the second, then to the first respondent, who attempted to convey them out of prison by hiding them in his puttees. The prosecution alleged unauthorized conveyance of letters from prisoners out of prison. The respondents disputed the prosecution's case, but the trial judge made no findings of fact, deciding on points of law instead.
read moreJUDGMENT OF AMISSAH J.A. The State appeals, in this case, against the acquittal of the three respondents by the circuit court on charges connected with the smuggling of things from prison and out of prison. As most of the issues of the appeal turn on the nature of the charges, clarity demands that these charges be reproduced in full. They are as follows: First Count STATEMENT OF OFFENCE Smuggling things from a prisoner contrary to section 228 of the Criminal Code, 1960 (Act 29) (as amended by Act 293). PARTICULARS OF OFFENCE Joseph Kwami Obeng, on or about 22 May 1966, at Ussher Fort Prison, Accra, in the Eastern Region without authority from the prison superintendent conveyed a thing, namely, a letter from one Emmanuel Humphrey Tetteh Korboe through one Osei Owusu Afriyie both persons then being prisoners in the Ussher Fort Prison, Accra. Second Count STATEMENT OF OFFENCE Attempted smuggling things out of prison contrary to sections 18 (2) and 228 of the Criminal Code, 19...