DASU vs. THE REPUBLIC [1973]DLHC2271

Date	1973-11-19
Suit No.
Citation No.	[1973]DLHC2271

ANDOH J.

APPELLANT IN PERSON.

E. AKWEI-ADDO STATE ATTORNEY FOR THE REPUBLIC.

[1973]DLHC2271
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">DASU <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">&nbsp;THE REPUBLIC <o:p></o:p>[HIGH COURT, HO]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1974] 1 GLR 67<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
19 NOVEMBER 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPELLANT
IN PERSON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ANDOH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANDOH J.<o:p></o:p>This
appeal raises a small but very important technical point of law and it can be
posed thus: Where an accused person is tried before a district magistrate and
he is found guilty and convicted but he is committed to a circuit court under
section 178 (1) of the Criminal Procedure Code, 1960 (Act 30), for a sentence
does an appeal from the sentence or conviction of the circuit judge lie to the
High Court or the Court of Appeal?<o:p></o:p><o:p>&nbsp;</o:p>There
were four persons committed by the district court magistrate, his worship Mr.
W. K. Anderson after trial and conviction of certain crimes to the Circuit
Court, Ho, presided over by his honour Judge E. K. Jones-Mensah (as he then
was) for sentence. The learned circuit court judge passed various sentences on
the four prisoners as follows: the first accused was sentenced to five years’
imprisonment with hard labour concurrently; the second accused was sentenced to
four years’ imprisonment with hard labour concurrently; the third accused was
sentenced to nine months’ imprisonment with hard labour concurrently and the
fourth accused was sentenced to four months’ imprisonment with hard labour
concurrently. The appellant herein was the second accused sentenced to four
years’ imprisonment with hard labour. His appeal to this court has not been
dealt with unlike his comrade whose sentence, the learned High Court judge,
Francois J. conceiving himself as seised with jurisdiction reduced same from
five years to four years’ imprisonment with hard labour. It is true that the
other appellant has had his sentence of five years reduced to four years by the
learned High Court judge.<o:p></o:p>

What
seems to flow from this order is that the learned High Court judge had
jurisdiction to entertain the appeal from the sentence or conviction of the
learned circuit court judge upon committal for sentence by a district
magistrate under section 178 (1) and (2) of Act 30. If the learned High Court
judge indeed had jurisdiction, then it follows that since this is a court of
concurrent jurisdiction this court also has jurisdiction to hear the appeal.
But the question is whether the High Court has jurisdiction to hear appeals of
this nature from a circuit court. I think that upon a proper construction of
section 178 (2) of Act 30, the High Court has no jurisdiction to entertain such
an appeal. In my humble opinion, the appeal lies to the Court of Appeal. It is
most unfortunate that I am unable for the first time, to follow the footsteps
of Francois J., an eminent judge for whom I have nothing but great admiration
for his profound knowledge and exposition of the law.<o:p></o:p><o:p>&nbsp;</o:p>Section
178 (2) of Act 30 is quite clear and unambiguous in its construction. This was
not a case tried summarily by the learned circuit court judge himself. It was a
case in which the accused upon conviction by a district court was committed to
him for sentence. The section makes provision for appealing against such
sentence and conviction of the circuit court before which the accused is
committed. The appeal shall lie as if the accused had been tried on indictment
by the circuit court. Appeals in civil cases and in criminal cases where the
trial is on indictment lie to the Court of Appeal from the circuit court and
not to the High Court. Accordingly even though my brother Francois J. conceived
himself as properly seised with jurisdiction to entertain the appeal, I am
afraid, I must differ from his view on this matter for by the very section
under which the appellant was dealt with in the court below, an appellate court
is clearly and distinctly spelt out. That court is the Court of Appeal. I
decline to assume jurisdiction in this case. Accordingly the appeal is struck
out for want of jurisdiction.<o:p></o:p><o:p>&nbsp;</o:p>The third
and fourth pris</main>