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NKANSAH V. THE REPUBLIC

(1979) JELR 63686 (HC)

High Court  •  16 Nov 1979  •  Ghana

Coram
OWUSU-ADDO J.

Judgement

OWUSU-ADDO J.: The appellant was convicted by the Assin Fosu District Court, Grade II on 19 December 1977, of the offence of selling above the controlled price contrary to sections 2 (1) and 3 (1) of the Price Control Decree, 1974 (N.R.C.D. 305). She was sentenced to three months’ imprisonment with hard labour and ordered to refund to the complainant an amount of ¢2.40, being double the illegal profit. Her appeal is against both her conviction and sentence.

Originally two grounds of appeal were filed but at the hearing of the appeal the only serious point raised in the additional ground of appeal was strenuously argued by the appellant’s counsel. It reads, “The charge as stated in the statement of offence did not disclose any triable offence.”

In his submission learned counsel urged that omission of a reference to the contravened executive instrument namely, the Price Control (Maximum Prices) (Amendment) (No. 3) Order, 1975 (E.I. 50 of 1975), in the statement of offence, rendered the st…

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