(1976) JELR 63614 (HC)    
High Court  ·  26 Jul 1976 ·  Ghana
Other Citations
[1989-90]1 GLR 326
Core Terms Beta
previous conviction
months’ imprisonment
second accused
hard labour
motor cycle
colour television sets
first accused
special considerations
trial courts
trial judge
years’ imprisonment
accused persons
appellant’s sentence
appellate courts
army patrol
benefit of his unlawful act
borstal institute
circuit court
conscious effort
criminal procedure code
disparity of sentences
english decision
feelings of the respondent
fellow prisoner
good ground of appeal
half years
half year sentence
joint enterprise
joint offence
kwadwo yeboah alias kwadwo moses
medical officer
osei-hwere j.
point of time
present offence
previous convictions
private houses
purposes of the said table
real sense of grievance
reduction of his sentence
sentence of the appellant ought
sentencing judge
stealing offence
use of the television
wanted person

OSEI-HWERE J.: This is an appeal by the appellant against his sentence. The appellant was jointly charged as the first accused with one Kwadwo Yeboah alias Kwadwo Moses and arraigned before the circuit court for stealing. Both pleaded not guilty and they were tried and found guilty and convicted. The evidence against them disclosed that they stole a Honda 12 motor cycle valued at ¢1,208.00 at Bechem. The complainant had parked the motor cycle in his house and had gone to sleep on the night of 15 October 1975. At 3 a.m. on 17 October 1975 an army patrol at Dome near Nsawam came upon them, with the appellant (the first accused) driving the motor cycle and the second accused riding as his pillion. Before passing sentence the trial judge was informed that the appellant had a previous conviction for stealing and that he had been sentenced to a fine of ¢30,00 or two months’ imprisonment with hard labour on 28 April 1972 at Agona Swedru. The appellant admitted his previous conviction. The pr…

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