Aboagye J.: On 21 September 1968, the appellant herein was put before the Circuit Court, Takoradi, and he pleaded guilty to charges of conspiracy to steal contrary to sections 23 (1) and 124 (1) of the Criminal Code, 1960 (Act 29), forgery of document and stealing an amount of N¢300.00 contrary to sections 159 and 124 (1) respectively, of the same Code. The learned circuit judge summarily convicted him on his own pleas and on 1 October 1968, he sentenced him on each count to 30 months' imprisonment with hard labour. The sentences are to run concurrently. The appellant has appealed against the sentence on two grounds, namely, (1) that it is wrong in law, and (2) that it is severe.
Arguing the first ground, learned counsel for the appellant, Mr. James Mercer, submitted that as the appellant was tried summarily the learned circuit judge had no power to sentence him to a term of imprisonment exceeding twelve months in the absence of any previous conviction. In support of that submission l…