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MENSAH V. THE REPUBLIC

(1975) JELR 67982 (SC)

Supreme Court  •  16 Dec 1975  •  Ghana

Coram
TAYLOR J.

Judgement

TAYLOR J.

The appellant was arraigned before the district court grade II on 1 August 1975 on a charge of stealing a shirt valued at ¢6.00, the property of one John Kwaku Nsiah. He pleaded guilty to the charge and he was therefore convicted on his own plea and sentenced to a term of nine months’ imprisonment with hard labour. It is against the sentence of nine months’ imprisonment with hard labour that he has appealed to this court.

On the case coming before me for summary hearing for the first time on 11 December 1975, Counsel for the appellant submitted that this is a very simple case of stealing involving an article of little value. He submitted further that the appellant is a first offender and urged me on the authority of R. v. Jowsey (1915) 11 Cr.App.R. 241, C.C.A. to deal with the appeal summarily and reduce the sentence without calling on or notifying the Attorney-General as counsel for the Republic.

I must confess that I was rather shocked and taken aback by this submission. In …

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