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(1964) JELR 63770 (HC)

High Court  •  28 Dec 1964  •  Ghana



KINGSLEY-NYINAH J.: This is an appeal wherein the appellant who pleaded guilty to a charge of stealing before the District Court, Accra, on 25 November 1964, and was duly convicted and sentenced to a fine of £G25 or three months’ imprisonment with hard labour, now prays that the said conviction and sentence be quashed, because, amongst other things, the proceedings were irregular, the contention being that the appellant was induced to change his plea from an original one of “not guilty” to the one whereon he suffered the said conviction and sentence without appreciating the effect of that latter plea of “guilty.”

On the face of things it would appear that there is no remedy open to the appellant because of the fact that he himself pleaded guilty. But an appellate court has full right and power to look at all available evidence before it in order to determine whether or not a miscarriage of justice has been wrought upon an appellant. Where it is clear that no miscarriage of justice has …

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