PETER AND ANOTHER vs. THE REPUBLIC [2001]DLSC1222

Date	2001-05-08
Suit No.
Citation No.	[2001]DLSC1222

DZAKPASU J

OSCAR VULOR FOR THE APPELLANTS.

E M GLI FOR THE RESPONDENT.

[2001]DLSC1222
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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:#00B0F0">PETER AND ANOTHER<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:#00B0F0">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:#00B0F0">THE REPUBLIC<o:p></o:p>[REGIONAL
TRIBUNAL, HO]<o:p></o:p>[2001-2002]
1 GLR 1<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">

</div>COUNSEL:<o:p></o:p>OSCAR
VULOR FOR THE APPELLANTS.<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">

E M
GLI FOR THE RESPONDENT. <o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Dzakpasu J. <o:p></o:p>This
appeal arose from the trial, conviction and sentence of the appellants on 24
July 2000 by the Community Tribunal, Hohoe chaired by His Worship Mr
Agbenyegah. The appellants were sentenced three years each to the Borstal
Institute, Accra for the offence of gambling, contrary to section 17 of the Lotteries
and Betting Act, 1960 (Act 31). The initial ground of appeal filed on 7 August
2000 was: “that the facts did not disclose a triable offence under the
Lotteries and Betting Act, 1960 (Act 31).”<o:p></o:p>Subsequently,
two additional grounds of appeal were filed on 12 October 2000, namely:<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">“(i)
that the trial tribunal was improperly constituted as a juvenile court as to
render the decision of the tribunal null and void; and<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">(ii)
that the trial tribunal erred in law by not calling for a probation officer’s
report before sentencing as to render the orders of the tribunal null and
void.”<o:p></o:p>The
appellants and two others were charged with the offence of gambling, contrary
to section 17 of the Lotteries and Betting Act, 1960 (Act 31). The particulars
of offence stated that they were on 19 July 2000 found at Atabu in the Volta
Community and within the jurisdiction of the court, playing cards by way of
gaming in a public place without authority. The record shows that the charge
was read and explained to them in Ewe after which their pleas were taken. The
first, second and third accused pleaded guilty to the charge.<o:p></o:p>The
brief facts of the case were also given 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">“The
complainant is a trader and the accused persons are pupils and are residing at
Gbi Atabu. On 19 July 2000 at about 2.00 pm, the complainant rushed to the
premises of the court and informed the policemen on duty that someone had
informed her that somebody was in her room. The police accompanied her to the
house and found that the door to the complainant’s room was opened. The first
accused was found in the room and he was arrested and he mentioned the names of
the second, third and fourth accused persons. He stated that they were gambling
and when the elders wanted to arrest them they took to their heels and he found
his way into the complainant’s room by climbing the wall through the ceiling
and took refuge there to avoid arrest. The second and third accused persons
were arrested and they admitted that they were playing cards with money, ie</main>