COMMISSIONER OF POLICE vs. SENCHEREY [1959]DLCA2005

Date	1959-05-15
Suit No.
Citation No.	[1959]DLCA2005

VAN LARE J.A. AS.C.J.

ACOLASTE J.

OLLENNU J.

APPELLANT IN PERSON.

GLASGOW FOR RESPONDENT (CROWN)

APPELLANT HEARD.

[1959]DLCA2005
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">COMMISSIONER OF POLICE<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">SENCHEREY<o:p></o:p>&nbsp;[COURT OF APPEAL]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1959] GLR 225<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
15TH MAY, 1959..<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPELLANT
IN PERSON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

VAN LARE J.A. AS.C.J., ACOLASTE J. AND
OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF VAN LARE AG. C.J.<o:p></o:p>Van Lare
Ag. C.J. he delivered the judgment of the Court:<o:p></o:p>We
allowed this appeal at the last sitting, and now proceed to give our reasons.
The appellant was convicted at the Magistrate’s Court, Kumasi, before Mr.
Beckley, District Magistrate, upon a count charging him with the offence of
stealing cash the sum of £45 10/-, the property of one Augustine Mensah
,contrary to section 287 (1) of the Criminal Code.<o:p></o:p><o:p>&nbsp;</o:p>This
count was bad for duplicity, for from the evidence at the trial there appear to
have been allegations of two separate and distinct offences, and they have been
charged in one count instead of being made the subject of two counts, as the
law requires. It is very trite learning in criminal pleadings that no more than
one offence may be charged in any one count. Section 108 of the Criminal
Procedure Code provides as follows:<o:p></o:p><o:p>&nbsp;</o:p>(His
lordship read the section, and proceeded:—)<o:p></o:p>The cash
alleged to have been stolen was made up of two separate and distinct sums, £G20
and £G25 10/- respectively, given to the appellant by the complainant on two
different occasions. The evidence for the prosecution is that on a certain
date, in view of what the complainant Augustine Mensah had heard from his son
Kwame and also from another Mensah, the complainant left his money, a sum of
£G20,. with the appellant, from whom he expected to buy a spraying machine. The
appellant went away, promising to return with the machine and with a permit in
order to effect the sale. He returned without it, saying that the permit was
not ready. This was one exercise. At a later date, and on the strength of what
the other Mensah had told him, the complainant gave a further sum of £G25 10/-
to the appellant to make up the money for the purchase of the spraying machine.
It was expected that the balance of the purchase price, in the sum of £G4 10/-,
was to be paid on delivery of the spraying machine to complete the sale. It
turned out that the sale had not been completed, as the complainant failed to
make delivery. The matter was eventually reported to the Police, and in respect
of these facts the appellant was charged with the offence of stealing.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant, who has been unrepresented throughout, cannot be presumed to know
the niceties of criminal pleadings, and he could not therefore be expected to
object to the defective form of the charge preferred against him. The evidence
was such that it might have been possible for the appellant to have been
convicted in respect only of the sum of £G20, if it were believed that consent
was obtained by stratagem or deceit, and/or acquitted on the other count (or on
both counts, if there had been two separate charges) in the absence of evidence
from which dishonesty could be inferred. In the circumstances, therefore, it
cannot be said that no prejudice or embarrassment was caused by the two alleged
offences being charged in one count contrary to the requirements of the law.<o:p></o:p><o:p>&nbsp;<</main>