ABBOT
V.
THE REPUBLIC

(1976) JELR 63614 (HC)

High Court · 26 Jul 1976 · Ghana
·

Other Citations

[1989-90]1 GLR 326

CORAM

OSEI-HWERE J.

Core Terms ^Beta

sentence

age

appellant

previous conviction

months’ imprisonment

offence

appeal

second accused

hard labour

motor cycle

colour television sets

first accused

others

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…

ABBOT V. THE REPUBLIC

ABBOT
V.
THE REPUBLIC