ABBOT V. THE REPUBLIC

OSEI-HWERE J.: This is an appeal by the appellant against his sentence. The appellant was jointly charged as the first accused with one Kwadwo Yeboah alias Kwadwo Moses and arraigned before the circuit court for stealing. Both pleaded not guilty and they were tried and found guilty and convicted. The evidence against them disclosed that they stole a Honda 12 motor cycle valued at ¢1,208.00 at Bechem. The complainant had parked the motor cycle in his house and had gone to sleep on the night of 15 October 1975. At 3 a.m. on 17 October 1975 an army patrol at Dome near Nsawam came upon them, with the appellant (the first accused) driving the motor cycle and the second accused riding as his pillion. Before passing sentence the trial judge was informed that the appellant had a previous conviction for stealing and that he had been sentenced to a fine of ¢30,00 or two months’ imprisonment with hard labour on 28 April 1972 at Agona Swedru. The appellant admitted his previous conviction. The pr…