ADDO vs. THE REPUBLIC

The points for consideration in this appeal involved two aspects of criminal practice and procedure namely: (a) the circumstances under which bad, defective or imperfect charges or both can be cured by subsequent evidence led and (b) the circumstances under which a court can competently ignore a statutory punishment prescribed for a particular offence charged. The brief facts of this case show that on 1 May 1973 the appellant was arraigned before the Agona Swedru District Court Grade II charged with an offence under section 296 (2) of the Criminal Code, 1960 (Act 29). He was tried, convicted and sentenced to a prison term of three months’ imprisonment with hard labour on 3 May 1973. This appeal is against the said conviction and sentence. Before the appeal itself came up for hearing, an application for bail was brought on behalf of the appellant. This was supported by a ten paragraphed affidavit, paragraph (7) of which reads as follows: “That since the sentence is only three ...