ABU GRUNSHIE AND ANOTHER vs. THE STATE

JUDGMENT OF MILLS-ODOI J.S.C. Mills-Odoi J.S.C. gave the reasons for the judgment of the court. [His lordship stated the facts as set out in the headnote and continued:] In arguing the appeal before us, each appellant, who had not the benefit of counsel, submitted that the sentence is manifestly excessive and pleaded with the court that it should be reduced; but the principal state attorney, Mr. Boison, thought otherwise. In supporting the sentences passed by the appellate High Court, Mr. Boison submitted that the circuit court judge had no jurisdiction to pass sentence upon the appellants because the prosecution proved that each appellant had more than two previous convictions recorded against him. He contended that the jurisdiction of the circuit court in passing sentence was taken away as soon as the provisions in paragraphs (a) and (b) of section 1 (1) of the Punishment of Habitual Criminals Act, 1963,1 were satisfied, namely, that each appellant was not less than twenty years o...