COMMISSIONER OF POLICE vs. BABA GRUNSHIE [1962]DLSC1679

Date	1962-11-16
Suit No.
Citation No.	[1962]DLSC1679

AKUFO-ADDO J.S.C.

[1962]DLSC1679
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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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&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:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">BABA GRUNSHIE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 2 GLR 145<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 16TH NOVEMBER, 1962.<o:p></o:p>

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

<o:p>&nbsp;</o:p>

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

AKUFO-ADDO J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
AKUFO-ADDO J.S.C.<o:p></o:p>Where the trial of the offender is by a circuit court or local
court, the trial court before committing the offender to the High Court for
sentence of preventive custody, shall satisfy itself that the offender is not a
young person, and shall state on the record the grounds for being so satisfied,
including any enquiry that the trial court may have held in that behalf and
also any evidence tendered by the prosecution in establishing that the offender
is not a young person. In other words it must appear on the face of the record
that the trial court was satisfied by evidence or otherwise that the offender
was not a young person. In the case of an obviously grown-up person (i.e. of
the age of 20 years or more) not much difficulty would appear to arise in determining
this issue, but where the offender is not obviously a grown-up person, the fact
that he is not a young person must be strictly proved.<o:p></o:p><o:p>&nbsp;</o:p>It is basically essential that at least two previous convictions
be established either by the admission of the offender or by strict proof, and
where more than two previous convictions are alleged only such of them, not
being less than two, as are admitted or proved shall be taken into account in
the exercise of the powers under section 402, and the same together with the
sentence imposed shall appear clearly on the record.<o:p></o:p><o:p>&nbsp;</o:p>We would like to state that we regard the fact of the offender not
being a young person and the existence of at least two previous convictions as
conditions precedent to the exercise by the trial court of the power to commit
the offender to the High Court for a sentence of preventive custody.<o:p></o:p>The High Court to which the offender is committed for sentence of
preventive custody shall conduct an enquiry in terms of section 402 (1) (c) and
the record shall show on its face the nature and details of the enquiry
conducted together with notes of any evidence tendered at such an enquiry. It
is to be observed that in addition to the two conditions stated above (section
402 (1) (a) and (b)) this enquiry constitutes a third precedent requirement to
the exercise of the powers under section 402, and, therefore, the mere
existence of two or more previous convictions does not in itself justify a
conclusion that “it is expedient for the protection of the public that he [i.e.
the offender] should be detained in custody for a substantial term” which is
the conclusion which the law requires to be reached by the enquiry before the
imposition of a sentence of preventive custody.<o:p></o:p><o:p>&nbsp;</o:p>In causing the enquiries to be made under section 402 (2) of the
Criminal Procedure Code, the High Court shall require the person making the
enquiries to include in his report an opinion of the probable age of the
offender where the offender is not an obviously grown-up person.<o:p></o:p>Before pronouncing sentence the High Court shall address the
following question (which together with the answer thereto shall appear on the
record) to the offender or his advocate: “Have you been served with a copy of
the report about you (or about your client?).” If the answer is “No,” steps
must be taken immediately to serve a copy of the report.<o:p></o:p><o:p>&nbsp;</o:p>We think it essential that a reasonable time must elapse between
service of the copy of the report on the offender or on his advocate and the
offender’s appearance in court for sentence, and that opportunity be afforded
the offender to challenge the accuracy of the report if he so wishes. Should
the offender desire to cross-examine the person making the report or any other
person upon whose testimony or information any material conclusions in the
report are based that person must be made available for that purpose, and if
the offender in making his challenge desires to adduce evidence he should be
allowed to do so.<o:p></o:p>