Commissioner Of Police V. G. A. Ankrah & Ors (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Previous convictions.

When previous convictions are alleged the admission thereof by the accused should be recorded ; in the absence of such admission they should be proved and a record made of such proof.

There is no need to set out the facts.

Arthur Ridehalgh for Crown.

A. G. Heward-Mills for Appellants.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST
AND STROTHER-STEWART, J.

In this case we agree with the decision of the Court below on the various points raised in the appeal, for the reasons given by the Judge in his judgment. There is however one point to which we wish to draw attention, and that is the reference to ” 3 previous convictions ” of 1st accused. It is not stated whether these previous convictions were admitted or proved, and if proved, in what manner. The proper course when previous convictions are alleged is to ask the accused if he admits them and if he does, the fact should be recorded. If he does not, they must be properly proved and the proof recorded.

The appeals of all the appellants are dismissed.