[1989]DLHC577 • March 3, 1989 • High Court
DARKURUGU vs. THE REPUBLIC
The appellant, Abudulai Darkurugu, was charged on two counts: defrauding by false pretences and deceit of a public officer. He pleaded guilty to the first charge and was sentenced to 12 months' imprisonment with hard labour. On the second charge, he initially pleaded not guilty but later changed to guilty and was sentenced to 24 months' imprisonment with hard labour. The facts showed that he obtained goods on credit with intent not to pay fully and made a false report to the police to cause the arrest of another person. The appellant was unrepresented and illiterate at trial.
read moreJUDGMENT OF BENIN J. Professor Amissah in his book Criminal Procedure in Ghana (1982) at 109 writes that, “A plea of guilty is a judicial confession which disposes of the obligation on the prosecution to prove the case.” This statement is true having regard to the provision contained in section 239 (1) of the Criminal Procedure Code, 1960 (Act 30) which enacts that “A plea of guilty, when recorded, shall constitute a conviction.” Provisions similar to those contained in our Act 30 have been in existence for long in other common law jurisdictions. In the United States, for instance, the Supreme Court has held in the case of Machibrode v. United States, 368 U.S. 487 at 493 quoting Kercheval v. United States, 274 U.S. 220 at 223 (1927) that: “A plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not required; the court has nothing to do but give jud...