AGBEVUKAVU vs. THE REPUBLIC

JUDGMENT OF ANDOH J. On 26 November 1976, when this court granted leave to the appellant to appeal against his conviction and sentence of twelve months’ imprisonment with hard labour, I ordered as follows: “In view of the number of frivolous and vexatious appeals which come to this court, I would grant leave to the appellant to appeal so that in the event of the appeal being dismissed, I would further consider whether an appellate court has jurisdiction to enhance the sentence of the court below and if so whether there is any limitation imposed on the jurisdiction of the appellate court when it decides to enhance the sentence of the lower court.” The facts culminating in this appeal may be summarised as follows: The appellant is reported to have entered the store of the complainant, snatched a piece of wax print valued at ¢30.00 and passed it on to a member of his gang who succeeded in escaping with it without arrest. He was charged with stealing, tried and found g...