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KWADU
V.
THE REPUBLIC

(1971) JELR 64119 (HC)

High Court 9 Feb 1971 Ghana
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- Held: Circuit Court judges, prior to N.L.C.D. 276, lacked statutory limitation on sentencing in summary trials and could impose any sentence up to the statutory maximum for the offence; the limitation applicable to District Courts did not

Case Details

Judges:TAYLOR J.
Counsel:D. M. ADUSEI FOR THE APPELLANT; J.C AMONOO-MONNEY STATE ATTORNEY FOR THE RESPONDENT.
Other Citations:[1971] 1 GLR 272

TAYLOR J.

On 30 May 1968, the appellant was convicted in the Circuit Court, Kumasi, on one count of possessing three forged Bank of Ghana ten new cedi notes, contrary to section 18 (2) of the Currency Act, 1964 (Act 242). He admitted to one previous conviction for stealing and one for attempted stealing for which he had been sentenced to three months’ imprisonment with hard labour on 28 May 1966 in the Circuit Court, Kumasi. The circuit court thereupon sentenced the appellant to seven years’ imprisonment with hard labour and remarked that the appellant “has criminal propensities and must be dealt with severely.” It is against the conviction and sentence that the appellant appealed to this court.

At the summary hearing the appellant abandoned the appeal against his conviction and sought to appeal against the sentence on the ground that the sentence was excessive. I took the view at the hearing that, like many cases of its kind pending before me, the appeal against the sentence entailed…

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