REPUBLIC VRS KWOSEH (UB/BG/CT/B18/09/2023.) [2023] GHACC 1091 (11 May 2023)

REPUBLIC VRS KWOSEH (UB/BG/CT/B18/09/2023.) [2023] GHACC 1091 (11 May 2023)

The court found that the accused was in possession of the banned substance, based on credible evidence from the prosecution and inconsistencies in the accused's defense, and held that the prosecution proved its case beyond reasonable doubt.

Citation
[2023] GHACC 1091
Parties
Prosecution: The Republic; Accused: Emmanuel Kwoseh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 May 2023
Case Number
UB/BG/CT/B18/09/2023.
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Narcotic Drugs, Unlawful Possession, Burden of Proof
Source Language
English
Criminal Law Narcotic Drugs Unlawful Possession Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Kwoseh

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in unlawful possession or control of narcotic drugs contrary to section 37(1) of the Narcotic Control Commission Act 2020 (Act 1019)

Ratio Decidendi

The court found that the accused was in possession of the banned substance, based on credible evidence from the prosecution and inconsistencies in the accused's defense, and held that the prosecution proved its case beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted as charged and sentenced to pay a fine of 250 penalty units, in default to serve 20 months in prison custody.