Rex V. Kwame Amoah (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law and Procedure—Sentence—Error and subsequent correction and
amendment by trial Judge.

Facts

The appellants were charged on several counts and the trial Judge, in error, passed sentence upon the fourth and fifth appellants on count 1 whereon he had acquitted them, and correctly passed sentence upon them on count 12, whereon he had convicted them, ordering that the sentences run concurrently. After the lapse of a very few hours, he realised his mistake, recalled all the appellants into Court and amended the error by deleting the sentences on count 1 and reducing the sentences of twelve months passed on count 12 to nine months in respect of the fourth and fifth appellants.

All the appellants appealed against conviction on the ground (inter alia) that, because of what had happened, their trial was a nullity.

Held

That the trial Judge was fully justified in deleting the sentences on count 1, but that, in altering the sentences on count 12 he was exceeding his powers and the alteration was a nullity, and therefore the original sentence of twelve months -must stand.

Appeals dismissed.