PETER AND ANOTHER V. THE REPUBLIC

JUDGMENT

DZAKPASU J.

This appeal arose from the trial, conviction and sentence of the appellants on 24 July 2000 by the Community Tribunal, Hohoe chaired by His Worship Mr Agbenyegah. The appellants were sentenced three years each to the Borstal Institute, Accra for the offence of gambling, contrary to section 17 of the Lotteries and Betting Act, 1960 (Act 31). The initial ground of appeal filed on 7 August 2000 was: “that the facts did not disclose a triable offence under the Lotteries and Betting Act, 1960 (Act 31).”

Subsequently, two additional grounds of appeal were filed on 12 October 2000, namely:

“(i) that the trial tribunal was improperly constituted as a juvenile court as to render the decision of the tribunal null and void; and

(ii) that the trial tribunal erred in law by not calling for a probation officer’s report before sentencing as to render the orders of the tribunal null and void.”

The appellants and two others were charged with the offence of gambling, contrary to section…