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BATSUA V. THE REPUBLIC

(1976) JELR 83898 (HC)

High Court  •  10 Nov 1976  •  Ghana

Coram
HAYFRON AG. J.

Appearances
Appellant appeared in person. J.R. Turkson, Senior State Attorney, for the Republic.

Judgement

JUDGMENT

Hayfron Ag J.

At the trial the appellant pleaded guilty to a charge of stealing and was convicted. In passing sentence the district magistrate grade II, Mr. A. Z. Kpemaal, addressed himself as follows:

"Before sentencing the accused, I take into consideration the seriousness of the offence and the incessant bid by the government to curb out this undesirable vice within our society and I sentence the accused to two years' imprisonment with hard labour. The accused is also fined ¢150.00 or in default nine months' imprisonment with hard labour. He will also sign a bond for ¢400.00 with a surety to be of good behaviour for two years after his sentence, or in default a fine of ¢200.00 or eleven months' imprisonment with hard labour. Sentence serves as a deterrent for others."

This meant that if the appellant was unable to obtain funds to pay off the fines and did not secure a surety for his bond he would serve a total of three year and eight months' imprisonment with hard labour as a…

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