ADJEI vs. THE REPUBLIC

The applicant had been convicted by the Circuit Court on three counts arising out of a single criminal episode on 8 July 1970 at bungalow No. 7 on 8th Avenue, Accra: unlawful entry, causing harm, and stealing. The complainant discovered him in the hall packing assorted household items; when the complainant raised an alarm, the applicant attacked him, held his throat, and stabbed him underneath the testicles before being arrested with the help of neighbours. During trial, after initially pleading not guilty, the applicant changed his plea and pleaded guilty to all counts. Because he had five previous convictions, he was sentenced to 5 years on count 1, 5 years on count 2, and 7 years on count 3, all with hard labour, and the trial court ordered the sentences to run consecutively, producing a total of 17 years. Portion of judgment: “On 7 July 1970, he locked up all his doors and windows and went to bed at 8.30 p.m., but on the next day, 8 July he got up at 4.15 a.m. and found the appellant in his hall packing the items mentioned in the third count. He raised an alarm and the appellant attacked him. In the struggle the appellant hit him, held his throat and stabbed him underneath his testicles.”

JUDGMENT OF TAYLOR J. The appellant-applicant was convicted on 14 February 1972 on three counts of the offences of unlawful entry contrary to section 152 of the Criminal Code, 1960 (Act 29), causing harm contrary to section 69 of Act 29 and stealing contrary to section 124 of Act 29 respectively. The particulars of the offences are as follows: “Count One PARTICULARS OF OFFENCE: Kwaku Adjei: Painter: On 8 July 1970, at Accra in the Eastern Circuit and within the jurisdiction of this court did unlawfully enter bungalow No. 7 on 8th Avenue with the intent of committing a crime therein, to wit: stealing. Count Two PARTICULARS OF OFFENCE: Kwaku Adjei: Painter: On 8 July 1970 at Accra in the Eastern Circuit and within the jurisdiction of this court did intentionally and unlawfully cause harm to one Samuel Amarkyie Mensah. Count Three PARTICULARS OF OFFENCE: Kwaku Adjei: Painter: On 8 July 1970, at Accra in the Eastern Circuit and within the jurisdiction of this court did steal .....