DOCHIE V. THE STATE
(1965) JELR 83834 (HC)
High Court
•
29 Mar 1965
•
Ghana
Coram
ARCHER J.
Appearances
J. Arthur for the appellant. S. S. Okunor, State Attorney, for the respondent
Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>ARCHER J</strong>.</p><p style="text-align: justify;">This is an appeal against conviction and sentence by a circuit court judge sitting at Accra. The appellant was convicted of (1) being in possession of instruments intended for unlawful entry contrary to section 154 of the Criminal Code, 1960, Act 29 and (2) attempted unlawful entry contrary to sections 18 (1) and 152 of Act 29 and he was sentenced to two years' imprisonment with hard labour on each count concurrently. The learned circuit court judge also recommended his deportation from Ghana. The additional grounds argued with the leave of the court were as follows: </p><blockquote><ol><li><p style="text-align: justify;">the learned trial circuit court judge did not adequately consider the case of the appellant;</p></li><li><p style="text-align: justify;">even though the learned trial circuit court judge stated in his judgment that he did not believe the case of the defence ,he totally failed to consider the alternative that short of believing the case for the defence, whether the same may reasonably be true;</p></li><li><p style="text-align: justify;">the learned trial circuit court judge misdirected himself …</p></li></ol></blockquote>