JUDGMENT OF ABOAGYE J.
On 21 September 1968, the appellant herein was put before the Circuit Court, Takoradi, and he pleaded guilty to charges of conspiracy to steal contrary to sections 23 (1) and 124 (1) of the Criminal Code, 1960 (Act 29), forgery of document and stealing an amount of N¢300.00 contrary to sections 159 and 124 (1) respectively, of the same Code. The learned circuit judge summarily convicted him on his own pleas and on 1 October 1968, he sentenced him on each count to 30 months' imprisonment with hard labour. The sentences are to run concurrently. The appellant has appealed against the sentence on two grounds, namely, (1) that it is wrong in law, and (2) that it is severe.
Arguing the first ground, learned counsel for the appellant, Mr. James Mercer, submitted that as the appellant was tried summarily the learned circuit judge had no power to sentence him to a term of imprisonment exceeding twelve months in the absence of any previous conviction. In support of that submission learned counsel cited the cases of State v. Boye, High Court, Accra, 26 January, 1966, unreported; digested in (1966) C.C. 54 and Fulani v. The Republic [1968] G.L.R. 66. In the first case decided by Wiredu J. (as he then was) it was held that whenever a case was tried summarily by a circuit judge he must consider himself as exercising concurrent jurisdiction with a magistrate and he must therefore not pass a higher sentence than a magistrate; that is, the sentence must not exceed twelve months' imprisonment or N¢200.00 fine: see section 53 (2) of the Courts Act, 1960 (C.A. 9), which was applicable at the time the case was decided.
In the second case Amissah J.A. in a lengthy judgment based on deep research work, also held that whenever the High Court or a circuit court heard a case summarily, it could not pass a sentence greater than what a district court could pass. He therefore reduced to two years' imprisonment with hard labour (because of the appellant's previous convictions) a sentence of seven years' imprisonment [p.1085] with hard labour imposed upon him by a circuit judge in a summary trial. Note that by paragraph 51 (2) of the Courts Decree, 1966 (N.L.C.D. 84), the district court can sentence a person convicted by it to a term of imprisonment not exceeding twelve months or to a fine not exceeding N¢200.00 in the absence of any previous conviction.
In my view State v. Boye (supra) and Fulani v. The Republic (supra) were rightly decided by the learned
