Ratio DecidendiRatio Decidendi



ABU GRUNSHIE AND ANOTHER
V.
THE STATE

(1966) JELR 63855 (SC)    
Supreme Court  ·  20 Jun 1966 ·  Ghana
 · 
Other Citations
[1966] GLR 572
CORAM
MILLS-ODOI JSC, SIRIBOE JSC , LASSEY JSC

Ratio Decidendi

Core Terms Beta
sentence
section
appellants
jurisdiction
offender
circuit court
high court
aforesaid act
circuit court judge
mr. boison
punishment of habitual criminals act
appeal
conditions precedent
court
courts
facts
instant case
offence
paragraphs
previous convictions
prosecution
purported exercise of jurisdiction
reasons
sentences
years of age
appellate high court
circuit court judge ought
circumstances
conditions
court purports
doubt
exercise of the jurisdiction
following conditions
foregoing facts
jurisdiction of the circuit court
passing sentence
principal state attorney
provisions
reason
record
statute
statutory provisions
statutory requirement
statutory requirements
submissions of the principal state attorney
vesting of that jurisdiction
virtue of subsection

JUDGMENT

MILLS-ODOI J.S.C.

In arguing the appeal before us, each appellant, who had not the benefit of counsel, submitted that the sentence is manifestly excessive and pleaded with the court that it should be reduced; but the principal state attorney, Mr. Boison, thought otherwise. In supporting the sentences passed by the appellate High Court, Mr. Boison submitted that the circuit court judge had no jurisdiction to pass sentence upon the appellants because the prosecution proved that each appellant had more than two previous convictions recorded against him. He contended that the jurisdiction of the circuit court in passing sentence was taken away as soon as the provisions in paragraphs (a) and (b) of section 1 (1) of the Punishment of Habitual Criminals Act, 1963, were satisfied, namely, that each appellant was not less than twenty years of age and had a record of at least two previous convictions. He contended further that the committal order under section 3 of the aforesaid Act 192…

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