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July 7, 1976
HIGH COURT
GHANA
CORAM
JUDGMENT OF TAYLOR J.
The appellant-applicant was convicted on 14 February 1972 on three counts of the offences of unlawful entry contrary to section 152 of the Criminal Code, 1960 (Act 29), causing harm contrary to section 69 of Act 29 and stealing contrary to section 124 of Act 29 respectively. The particulars of the offences are as follows:
"Count One
PARTICULARS OF OFFENCE:
Kwaku Adjei: Painter: On 8 July 1970, at Accra in the Eastern Circuit and within the jurisdiction of this court did unlawfully enter bungalow No. 7 on 8th Avenue with the intent of committing a crime therein, to wit: stealing.
[p.158]
Count Two
PARTICULARS OF OFFENCE:
Kwaku Adjei: Painter: On 8 July 1970 at Accra in the Eastern Circuit and within the jurisdiction of this court did intentionally and unlawfully cause harm to one Samuel Amarkyie Mensah.
Count Three
PARTICULARS OF OFFENCE:
Kwaku Adjei: Painter: On 8 July 1970, at Accra in the Eastern Circuit and within the jurisdiction of this court did steal one tin Milo value ¢1.09, one tin Bournvita value ¢1.09, one tin Quaker oats value 66p, one tin milk value 8p, three tins Mackerel fish value 90p, one packet Omo soap value 20p, two packets sugar value 50p, one pair black shoe value ¢10.00, one pair sandals value ¢4.00: three pairs trousers value ¢42.00, one shirt value ¢4.00, and one cover cloth value ¢27.00 all to the total value of ¢86.51 the property of one Samuel Amarkyie Mensah."
When he was first arraigned before the circuit court presided over by his honour Judge Atta-Fynn, he at first pleaded not guilty on all the counts but as the trial proceeded and overwhelming evidence was led in support of the charges, he voluntarily withdrew his plea of not guilty and pleaded guilty to all the charges. This was on 14 February 1972 and thereupon on his conviction, as he had five previous convictions, he was sentenced to a term of five years' imprisonment with hard labour on count (1) charging unlawful entry; five years' imprisonment with hard labour on the causing harm charge and seven years' imprisonment with hard labour on the stealing charge. The sentences were by the order of the court made to run consecutively and so by the order the appellant-applicant was liable to serve seventeen years' imprisonment with hard labour.
He appealed to the court against the sentence. He was not represented by counsel and he personally filed his petition of appeal and formulated his ground of appeal thus:
"That having realised the s
AI Generated Summary
High Court judge Taylor J. reviewed an unrepresented offender’s sentencing after Kwaku Adjei, a painter, pleaded guilty in 1972 to unlawful entry, causing harm to complainant Samuel Amarkyie Mensah, and stealing household goods from Mensah’s Accra bungalow. The circuit court imposed consecutive terms of five, five, and seven years (total seventeen), and a subsequent High Court appeal before Kisseih J. was summarily dismissed due to the seriousness of the crime. Adjei later sought to have his sentences run concurrently; Kisseih J. refused, invoking functus officio. In 1976 Adjei renewed his application, citing sections 302(a) and 303 of the Criminal Procedure Code (Act 30). Taylor J. held those provisions mandated concurrency where multiple offences arise from one continuous transaction, declared the earlier dismissal per incuriam and void, relied on inherent jurisdiction (Mosi v. Bagyina; Craig v. Kanssen), and substituted concurrent sentences, reducing the total to seven years.