AYIDICHAW AND ANOTHER v. THE STATE

JUDGMENT OF ADUMUA-BOSSMAN J.S.C.

Adumua-Bossman J.S.C. delivered the judgment of the court. This appeal is against the conviction of the two appellants by his honour Judge Siriboe (as he then was) at the Central Circuit Court, Cape Coast on two charges: (1) unlawful entry, contrary to section 152 of the Criminal Code, 1960,1. and (2) stealing goods to the value of £G1,630 17s. 8d. the property of the United Africa Company (Ghana) Ltd., contrary to section 124 of the Criminal Code, 1960.2 The first appellant was sentenced to five years, and the second appellant to three years imprisonment with hard labour on each charge, the sentences in each case, to run concurrently.

Learned counsel for the first appellant commenced his arguments on ground 2 of the grounds filed which reads: "The learned judge was wrong in convicting the first appellant without giving reasons." This complaint arises from the manner in which the trial was finally concluded. What happened, as disclosed by the record was that on the 10th April, 1962, when the court was constituted by the judge sitting with the assessors, he duly "summed up" to them, then took their individual opinions on the two charges against the appellants. Each of the assessors gave it as his opinion that each accused was guilty on each of the two charges preferred against him. The learned judge accepted their unanimous opinions, and proceeded to find each accused guilty, and duly convicted him. He stated as follows: "I agree with the opinions of the gentlemen assessors and find each accused guilty on both counts and convict them accordingly. Reasons for my decision to be given and sentences to be passed on the 17th April, 1962." There was no formal order discharging the assessors, but on the other hand there was nothing on the record to indicate that they were requested to attend on the adjourned date, the 17th April, 1962. Be that as it may, on the adjourned date the 17th April, 1962, the learned judge sat alone without the assessors and adjourned to the morrow, the 18th April, 1962, "for reasons for judgment and sentences." On the 18th April, 1962, be again sat alone, without any of the assessors present, and then read or delivered his reasons for convicting the appellants which reasons he called "judgment" then proceeded to sentence the appellants as already stated. In this state of the record, Mr. Hayfron-Benjamin for the first appellant referred the court to section 287, subsections (1) and (2) of the Criminal P