WATARA V. THE REPUBLIC

OSEI-HWERE J.

By his petition of appeal the appellant brings this appeal against the conviction (and inferentially against the sentence) of the Circuit Court, Sunyani. The facts giving rise to the appeal are that on 6 June 1972, the appellant was arraigned before the District Court Grade I. Wenchi, on a charge of fraudulent evasion of customs duties contrary to section 317 (1) (f) of the Criminal Code, 1960 (Act 29), as substituted by the Criminal Code (Amendment) Act, 1971 (Act 364). The particulars of the offence, as appear on the charge sheet, are as follows:

“Lamini Watara, lorry driver: For that you on the 24th day of December 1971 at Wenchi in the Brong-Ahafo Magisterial District and within the jurisdiction of this court, were knowingly concerned in fraudulent evasion of customs duties.”

After the statement had been read and explained to the appellant he pleaded guilty and the prosecutor proceeded to give the facts. The recorded facts are the following:

“On 24 December 1971, polic…