[1975]DLHC386November 24, 1975High Court

FORSON vs. THE REPUBLIC

The appellant, Yaw Forson, was charged with assault and stealing arising from incidents on 30 and 31 July 1973 at Ashiamang in the Accra-Tema Magisterial District. He was convicted in two separate cases by the same district magistrate. The first case involved assault on Comfort Ayenu, and the second case involved assault on Atta Kwakye and stealing of items including cash and a wristwatch. The appellant was unrepresented and pleaded not guilty. Evidence included eyewitness testimony and medical reports. The appellant appealed against the sentences but not the convictions.

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JUDGMENT OF TAYLOR J. I must preface this judgment with an expression of a deep concern which has built up gradually over the years as to the apparent difficulty of our courts to dispense justice to our people particularly the poor class. I have had criminal appeals in which the record of proceedings is bulky running into hundreds of pages, but the record has nevertheless been prepared and certified within a month or a few weeks after judgment. In the cases before me the appellant was convicted on 12 August 1974, his record of proceedings in one case is about eleven pages, three of which are concerned with adjournments and two with his statement to the police, another page merely deals with the charge sheet. In the second case the actual record of proceedings is less than five pages. There is in my view no reason or possible excuse why such a record should not be made available a week or so after 6 September 1974, the date the appellant appealed and yet the case came before ...