LAWSON vs. THE REPUBLIC [1977]DLHC1350

Date	1977-05-12
Suit No.
Citation No.	[1977]DLHC1350

TAYLOR J.

C. R. ADJEI FOR THE APPELLANT.

MISS FLORENCE OKINE ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.

[1977]DLHC1350
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >LAWSON <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1977] 1 GLR 63<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:
12 MAY 1976<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">

C. R. ADJEI FOR THE APPELLANT.<o:p></o:p>

MISS FLORENCE OKINE, ASSISTANT STATE ATTORNEY, FOR
THE REPUBLIC.<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">

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

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>The
appellant in this case was arraigned before the circuit court on 21 October
1963 on a charge of dishonestly receiving contrary to section 146 of the
Criminal Code, 1960 (Act 29). The particulars of offence are as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Emmanuel
Lamptey Lawson, between January 1962 and August 1963 in Accra within the
jurisdiction of this court dishonestly received from one Charles McClinton a
quantity of National Development Bond Savings, stamps which you know had been
obtained by a crime namely stealing.”<o:p></o:p><o:p>&nbsp;</o:p>The
appellant was jointly charged with ten other persons. He was charged with
receiving in the sixth count and the said Charles McClinton referred to in the
particulars of offence was charged with stealing £G92 10s. worth of National
Development Bond Savings stamps in count (5) and these are the stamps in
respect of which it would seem from the evidence he was charged with receiving
in the sixth count.<o:p></o:p><o:p>&nbsp;</o:p>The other
nine persons faced, inter alia, various charges in six counts of conspiracy,
stealing and receiving varying quantities of National Development Bond Savings
stamps. These counts had nothing whatsoever to do with the appellant and the
stamps mentioned in these counts were in no way related to the stamps the
subject-matter of the fifth and sixth counts.<o:p></o:p><o:p>&nbsp;</o:p>On 27
April 1964, the appellant was convicted of the offence and he was sentenced to
a term of three years’ imprisonment with hard labour, the sentence to commence
from 21 October 1963, the day he was arraigned. The grounds of appeal he filed
are as follows:<o:p></o:p>“(1) That
the prosecution failed to prove a case of receiving against me. (2) That the
trial judge misdirected his judgment and sentenced me to a severe term of three
years’ imprisonment with hard labour after the witnesses have failed to
incriminate me.”<o:p></o:p><o:p>&nbsp;</o:p>Assuming
that the conviction in this case is in order the sentence is in my view
unlawful, for under section 315 (2) of the Criminal Procedure Code, 1960 (Act
30), a sentence of imprisonment shall commence on and include the whole of the
day on which it is pronounced. The sentence in this case therefore ought to
commence from 27 April 1964 and not 21 October 1963 as was ordered by the
learned circuit court judge.<o:p></o:p><o:p>&nbsp;</o:p>Be that
as it may, this appeal has had a chequered history. It has been pending in the
High Court since 4 May 1964 the date the appellant lodged his appeal. On 27
November 1975 the case came before me for summary hearing. I granted leave and
with the consent of counsel for the Republic I heard arguments on the
substantive appeal on the same day. I did not call on counsel for the appellant
but rather called on counsel for the Republic to satisfy me that the conviction
was in order. In my view counsel failed to so satisfy me and so I peremptorily
allowed the appeal on the same day in order to put an end to what I regarded as
an intolerable situation created by an inexcusable delay in dispensing justice
timeously. In allowing the appeal I said:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“The
appeal in this case is allo</main>