ANTHONY ASEMPA vs. THE REPUBLIC

RULING This motion for bail pending appeal was filed on 14th September, 2020. Subsequently, a supplementary affidavit followed on 19th October, 2020. Counsel relied entirely on all the averments in the affidavit in support and also the supplementary affidavit. Coming under Section 33 of the Courts Act 1993, Act 459, Counsel argued that the judgment delivered by the trial Court Judge in the instant case for which they were appealing was wrong in law. Referencing the case Agbodakpi Vs. The Republic [2008] Vol 2 of Ghana Monthly judgment page 33 where the Court of Appeal gave four circumstances which should guide the court in such an application. Counsel submitted that looking at the sentence handed down to the Accused, it is wrong in law. This is because the Appellant pleaded guilty to some of the charges and not guilty to some others. The Appellant was also not represented by counsel therefore he did not understand the consequences of his plea of being guilty. Counsel submitted th...