NYARKO V. THE REPUBLIC

JUDGEMENT

Kanyoke J.

The appellant was on 17 October 2000 arraigned before the Circuit Court, Tepa on a charge of stealing, contrary to section 124(1) of the Criminal Code, 1960 (Act 29). When the charge was read and explained to the appellant, he pleaded guilty simpliciter to the offence. After the prosecutor had given the facts of the case, the trial circuit judge straightaway sentenced the appellant to twelve months Imprisonment with hard labour without first recording a conviction of the appellant. The appellant has now appealed against the judgment of the trial court on three grounds, namely: (1) that the judgment or verdict is unreasonable and cannot be supported having regard to the evidence on record; (2) the trial circuit court judge erred in law when he sentenced the accused to a term of twelve months imprisonment with hard labour without convicting the accused of any offence, which said sentence has occasioned substantial miscarriage of justice to the accused; and (3) the lac…