TAYLOR vs. THE REPUBLIC

JUDGMENT OF QUASHIE-SAM J. This appeal is by the appellant against a sentence of two years’ imprisonment with hard labour passed on him on 28 October 1975, on his conviction on his own plea of guilty to a charge of possessing Indian hemp purported to have been brought under a section 47 (7) of the Pharmacy and Drugs Act, 1961 (Act 64), a subsection which is non existent in the Act. Though the appeal is only against sentence, counsel for the appellant has in this court sought to have the conviction set aside on the ground of nullity, the appellant having pleaded guilty to a non-existent subsection of the Act. On that submission this court on 11 February 1976, gave a reasoned ruling that the trial did not amount to a nullity since the error in laying the charge under a non-existent subsection (7) of Act 64 was an irregularity or error not amounting to a miscarriage of justice by virtue of section 406 of the Criminal Procedure Code, 1960 (Act 30), since the particular.....