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ALEXANDER EUGENE AARON KODJOE DUAH
V.
COMMISSIONER OF POLICE
WEST AFRICAN COURT OF APPEAL, HOLDEN AT ACCRA, GOLD COAST
5TH DAY OF JUNE, 1950
2PLR/1950/12 (WACA)
OTHER CITATION(S)
2PLR/1950/12 (WACA)
(1950) XIII WACA P. 85
LEX (1950) – XIII WACA 85
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BEFORE THEIR LORDSHIPS:
BLACKALL, P.
SMITH, Ag. C.J., GOLD COAST
LEWEY, J.A.
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BETWEEN:
ALEXANDER EUGENE AARON KODJOE DUAH – Appellant
AND
COMMISSIONER OF POLICE – Respondent
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ORIGINATING COURT(S)
Appeal from Magistrate’s judgment. W.A.C.A CR.APP.2/50
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REPRESENTATION
Opoku Acheampong — for the Appellant
W. H. A. Hanschell, Acting Crown Counsel — for the Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Plea of guilty – Application for leave to appeal and to withdraw plea – Principle upon which Court acts in such cases.
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CASE SUMMARY
The appellant pleaded not guilty to a charge of stealing and the hearing was adjourned. At the adjourned hearing the appellant’s witnesses were absent and the appellant, when asked by Magistrate what he wished to do, said: “If my witnesses are not here, then it follows that I am guilty.” A plea of guilty was entered. The appellant asked leave to appeal and to withdraw his plea of guilty.
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held (dismissing the Appeal):
An appeal against a conviction on a plea of guilty can only be entertained if it appears, (1) that the appellant did not appreciate nature of charge or did not intend to admit it, or (2) that upon the admitted facts the appellant could not in law have been convicted.
The appellant had failed to bring himself within either category and leave to appeal was refused.
Cases referred to:
(1) Rex v. Forde, 1923, 2 K.B., 400 at 423.
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MAIN JUDGMENT
The following Judgement was delivered:
BLACKALL, P.
The appellant in this case was charged of stealing 10s. and pleaded “not guilty” to the charge on the 15th November, 1949. The case was adjourned and came on for hearing on the 29th November. The Magistrate on that day asked the accused if he had any witnesses and whether they were in Court. The appellant said that they were at Suhum. The Magistrate then asked him what he wanted him to do, to which the appellant replied “If my witnesses are not here, then it follows that I am guilty.” A plea of “guilty” was then entered and he was sentenced.
He now asks leave to appeal and to withdraw his plea of guilty. The principle upon which this Court acts in such cases has been laid down by Avory, J., in Rex v. Forde (1):-
“A plea of guilty having been recorded, this Court can only entertain an appeal against conviction if it appears (1) that the appellant did not appreciate the nature of the charge or did not intend to admit he was guilty of it, or (2) that upon the admitted facts he could not in law have been convicted of the offence charged.”
The appellant in our view has not succeeded in bringing himself within either category and the appeal must therefore be dismissed.
Appeal dismissed.
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