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  • Kwashie V The Republic

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    The appellant was convicted of possessing forged bank notes in the circuit court and sentenced to 7 years imprisonment. He appealed, arguing the circuit court did not have jurisdiction to impose a sentence higher than the 2 years a district court could impose. The High Court held that: 1) Circuit courts have the power to commence summary trials by virtue of legislation. They are not limited to the jurisdiction of district courts. 2) Legislation enables circuit courts to impose the maximum sentence provided by law in summary trials, without limitations on jurisdiction. 3) Though the circuit court had jurisdiction to impose 7 years, that sentence was too harsh given the circumstances. A sentence of 3 years imprisonment would be an adequate deterrent and satisfy

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    Kwashie v the Republic

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    The appellant was convicted of possessing forged bank notes in the circuit court and sentenced to 7 years imprisonment. He appealed, arguing the circuit court did not have jurisdiction to impose a sentence higher than the 2 years a district court could impose. The High Court held that: 1) Circuit courts have the power to commence summary trials by virtue of legislation. They are not limited to the jurisdiction of district courts. 2) Legislation enables circuit courts to impose the maximum sentence provided by law in summary trials, without limitations on jurisdiction. 3) Though the circuit court had jurisdiction to impose 7 years, that sentence was too harsh given the circumstances. A sentence of 3 years imprisonment would be an adequate deterrent and satisfy

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    1K views2 pages

    Kwashie V The Republic

    Uploaded by

    fauzia tahiru
    The appellant was convicted of possessing forged bank notes in the circuit court and sentenced to 7 years imprisonment. He appealed, arguing the circuit court did not have jurisdiction to impose a sentence higher than the 2 years a district court could impose. The High Court held that: 1) Circuit courts have the power to commence summary trials by virtue of legislation. They are not limited to the jurisdiction of district courts. 2) Legislation enables circuit courts to impose the maximum sentence provided by law in summary trials, without limitations on jurisdiction. 3) Though the circuit court had jurisdiction to impose 7 years, that sentence was too harsh given the circumstances. A sentence of 3 years imprisonment would be an adequate deterrent and satisfy

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    © All Rights Reserved
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    of 2

    KWADU v.

    THE REPUBLIC [1971] 1 GLR 27

    Facts
    The appellant was tried summarily and convicted in the circuit court, having been found guilty of
    possessing three forged Bank of Ghana ten new cedi notes contrary to section 18 (2) of the Currency Act,
    1964 (Act 242). He then appealed against the sentence the circuit court had no jurisdiction to impose a
    sentence of more than two years’ imprisonment, i.e. a sentence higher than that which a district court
    trying the same case could pass.
    Issues
    Whther or not the circuit court had power to pass

    Holding
    1. The submission that according to section 60 of Act 30 summary proceedings could only be

    instituted in district courts because circuit and High Courts had no power to issue a

    commencement process for summary trials was unfounded. Circuit and High Courts can issue a

    process to commence summary trials before them by virtue of paragraph 56 of N.L.C.D. 84.

    When these courts do issue such a process they sit in their own right having regard to sections 2

    and 164 of Act 30 and not by reason of possessing concurrent jurisdiction with the district court.

    (2) The effect of N.L.C.D. 276 which substituted a new section 44 of Act 30, is to enable the circuit

    and High Courts in a summary trial to impose the maximum sentence that is provided by the law without

    any limitation such as was erroneously believed to have been imposed by paragraph 56 of N.L.C.D. 84

    with respect to the concurrent jurisdiction argument. Republic v. Asare (T.O.), Court of Appeal, 29 July

    1968, unreported; digested in (1968) C.C. 137 and Fulani v. The State, High Court, 19 January 1968,

    unreported; digested in (1968) C.C. 67 doubted. Republic v. Fulani [1971] 1 G.L.R. 44, C.A. considered.

    (3) Although the circuit court judge had the jurisdiction to impose a sentence of seven years’

    imprisonment with hard labour, such a term was too harsh in the circumstances. A term of three years’

    imprisonment with hard labour would be harsh enough to be a deterrent and short enough to satisfy the

    reformative element in criminal justice.


    Decision

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