Republic Vrs Jonathan Amartey Amarteifio [2023] GHACC 355 (31 May 2023)
The accused was found in physical possession of narcotic drugs, admitted knowledge and intent to sell in his caution statement, and the prosecution proved all elements of the offence beyond reasonable doubt. The accused's inconsistent testimony did not rebut the prosecution's case.
Source-derived case information.
- Citation
- [2023] GHACC 355
- Parties
- Prosecution: The Republic; Accused: Jonathan Amartey Amarteifio
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 31 May 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Narcotic Drugs, Unlawful Possession, Burden of Proof, Sentencing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Jonathan Amartey Amarteifio
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused was in unlawful possession or control of narcotic drugs
- 2 Whether the prosecution proved the elements of possession and knowledge beyond reasonable doubt
Ratio Decidendi
The accused was found in physical possession of narcotic drugs, admitted knowledge and intent to sell in his caution statement, and the prosecution proved all elements of the offence beyond reasonable doubt. The accused's inconsistent testimony did not rebut the prosecution's case.
Court Disposition
conviction and sentence
Orders
- The accused is sentenced to pay a fine of 2,000 penalty units or in default 4 years imprisonment with hard labour.
- The narcotic drugs are to be disposed of by burning in accordance with section 108(1) of Act 1019.
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