ASAMOAH vs. THE REPUBLIC

JUDGMENT OF MENSAH AG. J. This is an appeal lodged against the conviction and sentence by the appellant. The appellant was convicted after pleading guilty with explanation to a charge of fraud by false pretences contrary to section 131 of the Criminal Code, 1960 (Act 29), and was sentenced to nine months’ imprisonment with hard labour. The appellant was said to have obtained the sum of ¢3,400 from the complainant under the pretext of supplying her with beans which he failed to do. Arguing the appeal for the appellant counsel submitted in the main that since the appellant pleaded guilty with explanation but the trial magistrate failed or refused to record the explanation of the appellant, then the trial magistrate grade II violated the statutory duty imposed on him by section 171 (2) of the Criminal Procedure Code, 1960 (Act 30), and consequently the trial is a nullity and the conviction and sentence should be set aside by this appellate court. Counsel referred to Mensuo v...