REPUBLIC vs. AMADU FULANI

Sowah J.A. delivered the judgment of the court. Amadu Fulani was on the 20 January 1967 after a summary trial by the Circuit Court, Accra, convicted of the offences of conspiracy, unlawful entry and stealing property valued at ¢3,462.00 and was sentenced to seven years’ imprisonment with hard labour after the prosecution had given his antecedents of previous convictions and sentences. He appealed to the High Court, Accra, on both conviction and sentence but the appeal on conviction was dismissed whereupon the learned judge of the High Court called upon the senior state attorney to support the sentence of seven years’ imprisonment since the trial of the appellant was summary. The arguments advanced by counsel for the State did not particularly impress the learned judge and, with respect, we do not consider them impressive. In a long and reasoned judgment, the learned judge held that the circuit judge was wrong in imposing a sentence of seven years after a summary trial; further,...