MENSAH AG. J.: This is an appeal lodged against sentence by the appellant. The appellant was arraigned before the District Court Grade II, Nkoranza charged on two counts of unlawful entry and stealing contrary to sections 154 and 124 of the Criminal Code, 1960 (Act 29), respectively. Count two showed that the items stolen by the appellant were a pair of canvas shoes, one bedsheet, pillow case, and one tape recorder, all totalling ¢7,800.
When the appellant pleaded guilty to both charges, the trial magistrate convicted him and sentenced him to twelve months’ imprisonment with hard labour on count one and 24 months’ imprisonment with hard labour on count two, sentences to run consecutively. Accordingly the accused was sentenced to a total of three years’ imprisonment with hard labour.
It is the second sentence of two years’ imprisonment with hard labour which counsel for the appellant argues is in excess of the magistrate’s jurisdiction since by section 39 (2) (b) of the Courts Act, 1971 …