REPUBLIC V. JAMES TOWN CIRCUIT COURT; EX PARTE MARKHAM

CECILIA KORANTENG-ADDOW AG.J.: The applicant is an horologist, and carries on his business at Tema. On 7 April 1976, he was arraigned before the Circuit Court, James Town, on a charge of selling specified goods without licence contrary to the Commercial Houses and Supermarkets (Sale of Specified Goods) Decree, 1976 (S.M.C.D. 17). The particulars of offence read:

“For that you on 24 March 1976 at Tema in the Accra-Tema Circuit and within the jurisdiction of this court, did sell 1,824 pieces of assorted dry cell batteries without licence.”

The case proceeded on trial, and the prosecution led evidence, and concluded their case. On a submission of no case, the presiding circuit judge ruled that there was no evidence of a sale but called upon the applicant to answer a charge of an attempt to sell. The relevant portion of his ruling reads;

“For as much as I sympathise with such a submission I will respectfully hold that the evidence so far adduced sufficiently establishes the ingredients of th…