DARKURUGU V. THE REPUBLIC

BENIN J.

Professor Amissah in his book Criminal Procedure in Ghana (1982) at 109 writes that, “A plea of guilty is a judicial confession which disposes of the obligation on the prosecution to prove the case.” This statement is true having regard to the provision contained in section 239 (1) of the Criminal Procedure Code, 1960 (Act 30) which enacts that “A plea of guilty, when recorded, shall constitute a conviction.” Provisions similar to those contained in our Act 30 have been in existence for long in other common law jurisdictions. In the United States, for instance, the Supreme Court has held in the case of Machibrode v. United States, 368 U.S. 487 at 493 quoting Kercheval v. United States, 274 U.S. 220 at 223 (1927) that:

“A plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not required; the court has nothing to do but give judgment and sentence.”

The foreg…