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(1980) JELR 68661 (HC)

High Court  •  18 May 1980  •  Ghana



TWUMASI J.: This is an appeal from the decision of the District Court, Prestea, by which the appellant was convicted on one count of careless driving, contrary to section 18 (1) of the Road Traffic Ordinance, 1952 (No. 55 of 1952), and on twenty-three counts of negligently of causing harm, contrary to section 72 of the Criminal Code, 1960 (Act 29).

One of the major issues raised on the appeal by counsel for the appellant was that the appellant was deprived of his right to enter a defence. The record of proceedings reveals that on 21 January 1980, the learned trial magistrate delivered a ruling to the effect that the prosecution had adduced evidence sufficiently strong to warrant the accused being called upon to enter his defence. The appellant had engaged the services of a counsel and the latter had been conducting the defence. Apparently, counsel was absent on the day the ruling was delivered and so the case was adjourned to 4 February 1980. On the later date, counsel could not attend…

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