[1974]DLHC2338 • April 10, 1974 • High Court
WATARA vs. THE REPUBLIC
The appellant, Lamini Watara, a lorry driver, was charged with fraudulent evasion of customs duties under section 317(1)(f) of the Criminal Code, 1960 (Act 29), as amended by Act 364. On 24 December 1971, police stopped a vehicle traveling towards Kumasi and found 28 pieces of wax prints, contraband goods for which duties had not been paid. The appellant admitted ownership but did not pay duties. He pleaded guilty at the District Court Grade I, Wenchi, and was convicted and committed to the Circuit Court, Sunyani, for sentencing. The Circuit Court sentenced him to a fine of ¢5,000 or five years imprisonment with hard labour. The appellant appealed against conviction and sentence.
read moreBy his petition of appeal the appellant brings this appeal against the conviction (and inferentially against the sentence) of the Circuit Court, Sunyani. The facts giving rise to the appeal are that on 6 June 1972, the appellant was arraigned before the District Court Grade I. Wenchi, on a charge of fraudulent evasion of customs duties contrary to section 317 (1) (f) of the Criminal Code, 1960 (Act 29), as substituted by the Criminal Code (Amendment) Act, 1971 (Act 364). The particulars of the offence, as appear on the charge sheet, are as follows: “Lamini Watara, lorry driver: For that you on the 24th day of December 1971 at Wenchi in the Brong-Ahafo Magisterial District and within the jurisdiction of this court, were knowingly concerned in fraudulent evasion of customs duties.” After the statement had been read and explained to the appellant he pleaded guilty and the prosecutor proceeded to give the facts. The recorded facts are the following: “On 24 December 1971, police...