REPUBLIC VRS. AKWAFUL & ANOTHER (BR/SY/CT/45/2024) [2024] GHACC 127 (5 March 2024)

Prosecution proved beyond reasonable doubt that 1st Accused had custody, control, and knowledge of narcotic drugs for trafficking; prosecution failed to prove beyond reasonable doubt that 2nd Accused had custody or control of narcotic drugs.

Citation: REPUBLIC VRS. AKWAFUL & ANOTHER (BR/SY/CT/45/2024) [2024] GHACC 127 (5 March 2024)
Parties: Prosecution: The Republic; 1st Accused: Bernard Smith Akwaful; 2nd Accused: Opoku Stephen
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 5 March 2024
Procedural Posture: Criminal / Judgment
Outcome: 1st Accused convicted and sentenced; 2nd Accused acquitted and discharged.
Legal Topics: Narcotic Drugs, Possession, Trafficking, Burden of Proof
Source Language: eng

Criminal Law Narcotic Drugs Possession Trafficking Burden of Proof

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 5

Parties

The Republic

Prosecution

Bernard Smith Akwaful

1st Accused

Opoku Stephen

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused persons had custody or control of narcotic drugs for trafficking
2 Whether the accused persons had knowledge of the presence and nature of the drugs

Ratio Decidendi

Court Disposition

1st Accused convicted and sentenced; 2nd Accused acquitted and discharged.

Orders

1st Accused to pay a fine of ten thousand penalty units and in default three years imprisonment in hard labour; further imprisonment of 10 years in hard labour.
Narcotic drugs to be destroyed within 48 hours by police under Registrar's supervision.