PRACTICE NOTE: BLACKIE vs. THE STATE

JUDGMENT OF VAN LARE J.S.C. The appellant had two cases pending against him before the Circuit Court, Accra. In each the offences were unlawful entry and stealing: one transaction took place in February 1961 and the other in March 1961. The indictments were preferred on the 20th November, 1961, when the appellant was convicted and sentenced to a term of five years I.H.L. on each count. The sentences were concurrent. The trial on the second indictment came before Judge Wiredu on the 14th December, 1961, when he also convicted the appellant and sentenced him to a term of five years I.H.L. on each count concurrent. It appears from Mr. Wiredu’s notes that he treated the earlier conviction of the appellant as a previous conviction. This strictly is not so. A previous conviction is one in respect of which the prisoner had already suffered punishment before committing a later offence. The offences committed by the appellant in respect of which the two indictments were preferred formed a.....