THE REPUBLIC vs. ALIANGE YAO KUMAH AND 4 OTHERS

The five accused persons were charged with various offences upon which they were acquitted except the 3rd Accused who was convicted on the charge of DISHONESTLY RECEIVING contrary to Section 146 of Act 29/60. The Accused was tried by the Circuit Court, Ho convicted and sentenced to 12 months IHL. Dissatisfied with the conviction and sentence Accused has since lodged the instant appeal against his conviction. I may have to digress in writing this appeal as the failure of magistrate and circuit judges in failing to write down the facts of the offences charged has become chronic and leads to miscarriage of justice. Very often trial Courts write “facts are as stated and attached to the charged sheet” as a record of the facts of the case. There is ample judicial decision on the need to record the facts of a charge an Accused is facing on each occasion. Also when a charge has been substituted the Court ought to take the plea of the Accused again on the new charges. In...