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Asamoah V The Republic

The appellant was charged with selling soap above the controlled price. Her charge sheet cited a repealed statute. She challenged her conviction, arguing the incorrect statute cited made the conviction invalid. The court held that a technical error like citing the wrong statute does not negate the charge, as long as the offense was recognized by law at the time. The court dismissed the appeal, finding that technical errors alone should not lead to miscarriages of justice.

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324 views1 page

Asamoah V The Republic

The appellant was charged with selling soap above the controlled price. Her charge sheet cited a repealed statute. She challenged her conviction, arguing the incorrect statute cited made the conviction invalid. The court held that a technical error like citing the wrong statute does not negate the charge, as long as the offense was recognized by law at the time. The court dismissed the appeal, finding that technical errors alone should not lead to miscarriages of justice.

Uploaded by

Ocloo Sewornu Kôbby
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ASAMOAH v.

THE REPUBLIC
[1973] 1 GLR 186
Division: HIGH COURT, SUNYANI
Date: 22 NOVEMBER 1972
Before: OSEI-HWERE J.

FACTS

The appellant was charged with the offence of selling a cake of soap beyond the controlled legal
price, upon her arrest, a non-existent statute was entered in her charge sheet (technical error) as the
law that had prohibited her act had been repealed. She brought an action challenging her conviction
on the grounds that since a non-existent statute was entered in her statement of offence, this made
her conviction bad in law, moreover she contended that her sentence was too harsh.

ISSUES

Whether a wrong or non-existent statute entered in a statement of offence negate the charge
against an offence?

HOLDINGS

The court held that a mere technical error such as the omission of a statute or the entry of a non-
existent statute must not lead to the miscarriage of justice.

REASONING

The learned judge Osei-Hwere J. was of the opinion that, what was important was “…whether the
offence disclosed in the statement of offence was, as at the time of the alleged offence, known to the
law”. So long as the correct charge was entered which was recognized by law at the time the act was
committed, the conviction cannot be declared null and void simply due to mere technical errors.

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