Sarpong V. Commissioner Of Police (1946)
LawGlobal Hub Judgment Report – West African Court of Appeal
Gold Coast Criminal Code, sections 394, 410 and 418—Original charge ofcorruption under section 394 amended to one of extortion under section 418—Conviction for corruption.
Facts
The appellant was originally charged before a Magistrate with corruption contrary to section 394 of the Gold Coast Criminal Code. During the trial the charge was amended to one of extortion contrary to section 418 of the Code. The Magistrate convicted of corruption.
Held
On appeal, that the appellant had been convicted of an offence with which he was not charged and therefore the conviction must be quashed.
Inspector-General of Police v. J. C. Adjitey (Gold Coast Law Reports, 1928) and R. v. Effie (Gold Coast Law Reports, 1931) followed.
Appeal allowed.
