Ratio DecidendiRatio Decidendi



MANU
V.
THE STATE

(1964) JELR 65538 (HC)    
High Court  ·  3 Apr 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 239
[1964] GLR 239 - 241
CORAM
SOWAH J.

Ratio Decidendi

Core Terms Beta
appellant
consideration
first accused
fact
sentence
defendants
learned circuit judge
matters
parties
case
circuit judge
conviction
court
pari delicto
place
public officer
view
accused person
first offender
months’ imprisonment
nurses’ training school
person
respect
respect of the first accused
training school
victim of circumstance
young girl
young woman
ab initio
accused persons
appellant ought
case of the appellant
charge
difficult question of the punishment
facts of the case
following matters
good behaviour
hard labour
important factor
inter alia
joint offenders
lord chief justice
mr. luguterah
reasons
second accused
serious thing
small appeal
sowah j.
state attorney

SOWAH J.

This small appeal has brought into focus the difficult question of the punishment or sentence of co-defendants; the fact that co-defendants have been punished at the same time draws attention to any discrimination between them.

In this case the first accused whom the learned circuit judge described as a young girl (which description is not quite correct as learned state attorney informed the court that she was a young woman of twenty-two years), was charged jointly with the second accused, the appellant herein. Both defendants pleaded guilty, the young woman was bound over to be of good behaviour and the appellant herein was sentenced to nine months’ imprisonment.

The appellant has argued that there was no justification for the discrimination and that having regard to the sentence imposed on the first accused, which in fact meant that the first accused was not punished, the sentence of nine months on, the appellant was excessive and harsh.

The appellant further urged that the per…

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