[1989]DLHC2021 • June 23, 1989 • High Court
GLAH AND ANOTHER vs. THE REPUBLIC
The appellants were charged and convicted by a District Magistrate for conduct conducive to breach of the peace under section 207 of the Criminal Code, 1960 (Act 29). The first appellant was alleged to have had affairs with his mother-in-law and his wife's sister, while the second appellant was charged for having an affair with the first appellant. The prosecution argued that their conduct was insulting and likely to provoke a breach of the peace, especially given prior warnings by local authorities. The appellants contended that such conduct was not an offence under the law and that the sentences were excessive.
read moreJUDGMENT OF AMUAH J. This is an appeal from the judgment of the District Magistrate Grade II, Kpando delivered on 21 January 1989. The appellants who were charged with the offence of conduct conducive to breach of the peace contrary to section 207 of the Criminal Code, 1960 (Act 29) were found guilty and sentenced. The first appellant was sentenced to twelve months’ imprisonment with hard labour while the second appellant was sentenced to a fine of ¢15,000 or in default to be committed to prison for twelve months. The facts were given by Mr. Homenya, learned counsel for the appellants. According to the prosecution the first appellant had an affair with a woman who happened to be his mother-in-law. On the second count the first appellant is also charged for having an affair with a woman who happened to be his wife’s sister. The second appellant was charged for having an affair with the first appellant. According to Mr. Homenya the magistrate should not have accepted a plea of gu...