TURKSON vs. THE REPUBLIC

The appellant together with one Ebenezer Saka was jointly charged before the District Court at Mpraeso with conspiracy to steal and stealing a quantity of engine oil. Each pleaded guilty with explanation to both charges and gave identical explanations which the trial court refused to accept. The trial court convicted each of them on their pleas on 30 October 1969. The first accused who is the appellant herein was sentenced to six months’ imprisonment with hard labour and the second accused to five months’ imprisonment with hard labour, sentences in each case being made concurrent. The second accused Saka appealed to the High Court, Accra, against his conviction on 18 December 1969. Counsel for the respondent conceded the submission by counsel for Saka that a plea of not guilty should have been entered upon the explanation given at the court below for trial to proceed on merit. Counsel for the respondent further conceded that there should be a retrial, whereupon the court made an or...