REX
V.
KW AME AMOAH ALIAS & 2ORS

JELR 81077 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1946-49 12 WACA 119-120
CORAM
HARRAGIN, C.J. (GOLD COAST), M’CARTHY AND MARTINDALE, JJ.
Core Terms Beta
sentences
appellants
sentence
court
months
fifth appellants
trial judge
case
learned judge
alteration
circumstances
counts
facts
hard labour
original sentence
appeal
case of albert casey
ground
king
legal sentences
year’s imprisonment
additional grounds of appeal
alteration of the sentences
case of lawrence v
chairman of quarter sessions
clerical error
committal warrants
court of appeal
court of criminal appeal
different sentences
false pretences
fifth accused
first instance
gold coast
grounds of appeal
illegal sentence
inherent power of a court
matter
matter of record
months imprisonment
sentences of the fourth
years’ penal service tude

Harragin, C.J. In this case the appellants were charged on thirteen counts, the first being a count for conspiracy and the other twelve being counts for obtaining money by false pretences or stealing. In other words, they were alternative counts.

Many grounds of appeal have been argued, but there are only two with any substance. The first is to be found in ground 7 of the additional grounds of appeal which reads as follows:- “The proceedings before the trial Judge from the moment that the sentences of the fourth and fifth accused were amended after the trial, became null and void, because they were new and different sentences passed in circumstances in which the trial Judge had no possible jurisdiction to pass, and therefore illegal.”

The facts as set out very clearly by the learned Judge in the proceedings were that, having delivered a lengthy judgment in which he acquitted the fourth and fifth appellants on count 1 of the information, but convicted them on count 12, when the time came…

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