PRACTICE NOTE: FRIMPONG vs. THE REPUBLIC [1973]DLCA2237

Date	1973-03-30
Suit No.
Citation No.	[1973]DLCA2237

AZU CRABBE AG.C.J.

JIAGGE JA

KINGSLEY-NYINAH J.A

APPLICANT IN PERSON.

ASAMOAH SENIOR STATE ATTORNEY FOR THE REPUBLIC.

[1973]DLCA2237
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													<main id="main" class="content" style="min-height: 60rem" >PRACTICE NOTE: FRIMPONG <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[COURT OF APPEAL,
ACCRA]<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;[1973]
2 GLR 1<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
30 MARCH 1973.<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">

APPLICANT 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">

AZU CRABBE AG.C.J., JIAGGE AND KINGSLEY-NYINAH
JJ.A<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AZU CRABBE AG.C.J<o:p></o:p>Azu
Crabbe Ag. C.J. delivered the ruling of the court. The applicant was tried and
convicted in the Circuit Court, Accra, on two counts; in the first count he was
charged with the offence of unlawful entry, contrary to section 152 of the
Criminal Code, 1960 (Act 29), and in the second count he was charged with the
offence of stealing, contrary to section 124 of the Code. On the first count he
was sentenced to ten years’ imprisonment with hard labour and on the second
count to five years’ imprisonment with hard labour; the sentences were ordered
to run concurrently.<o:p></o:p><o:p>&nbsp;</o:p>The
applicant appealed to the High Court, Accra, against his sentence only, and on
26th April 1972 his appeal was dismissed. On 6 July, 1972, the applicant filed
at the High Court registry notice of an application for leave to appeal against
his conviction pursuant to rule 39 of the Supreme Court Rules, 1962 (L.I. 218).<o:p></o:p><o:p>&nbsp;</o:p>On 5
December 1972, the applicant filed the present application praying for an early
hearing of his appeal “per the points and facts set forth in the attached
affidavit.” The affidavit is rather verbose and a great deal of the facts
stated therein are, in the opinion of this court, irrelevant to the
application, except that in paragraph (11) it is stated as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“That
your humble appellant wishes to explain one fact to your lordship and that
dismissal of my previous appeal to the High Court was due to a mistake
committed by the fellow who filed all the appeal against sentence instead of
judgment as directed. Tender this judgment order as exhibit A.”<o:p></o:p>The
applicant’s petition to the High Court was not signed by him, but a right
thumb-mark had been affixed to the bottom of the petition, and this purports to
be that of the applicant’s, because the prison school teacher at the Nsawam
Prison had also signed the petition as a witness to the mark of the applicant’s
right thumb. At the hearing in the High Court, the applicant had every
opportunity to correct the mistake which he now alleges was made by those who
prepared his appeal papers, if indeed there was any mistake, but he did not
avail himself of the opportunity. The record of proceedings in the High Court
also shows clearly that the applicant did not challenge his conviction at the
hearing of his first appeal.<o:p></o:p><o:p>&nbsp;</o:p>On the
evidence, this court is satisfied that the applicant’s appeal in the High Court
was intended to be an appeal against sentence only, and that the allegation of
mistake in paragraph (11) of the affidavit is palpably false. The conviction of
the applicant was, therefore, unaffected by the result of the appeal in the
High Court, and the critical issue which arises in this application is whether
this Court has jurisdiction to entertain the applicant’s appeal against his
conviction.<o:p></o:p><o:p>&nbsp;</o:p>The trial
of the applicant in the circuit court was summary, and under section 324 (1) of
the Criminal Procedure Code, 1960 (Act 30), an appeal from a conviction would
lie to the High Court: see also section 14 (1) (b) of the Courts Act, 1971 (Act
372). The jurisdiction of this court to entertain an appeal from a decision of
the High Court in the exercise of its appellate jurisdiction can be</main>