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AGYEMANG V. THE REPUBLIC (NO. 2)

(1974) JELR 65193 (CA)

Court of Appeal  •  20 Dec 1974  •  Ghana

Coram
AMISSAH JA,SOWAH JA,ANIN J.A.

Judgement

AMISSAH J.A.: We allowed this appeal on 17 October 1974 reserving our reasons. We now give them.

The appellant, Edward Osei Agyemang, an education officer, was convicted by Anterkyi J. of ordinary assault and sentenced to twelve months’ imprisonment with hard labour. Anterkyi J. did not himself try the case. At the time of conviction and sentence he had not seen or heard the accused. But he proceeded as he was entitled to do under the powers given to judges of the High Court by the Courts Act, 1971 (Act 372), to revise decisions of magistrates. Those powers exercisable after the submission of the monthly returns of the magistrate showing the number of cases dealt with by him during the previous month and the manner of disposal, are indeed very wide. Their full extent will appear presently. In the case before us, the appellant was tried by the district magistrate at Goaso in the Brong-Ahafo Region. He was acquitted. The magistrate wrote a long judgment reviewing the whole evidence and …

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