REPUBLIC VRS KWOSEH (UB/BG/CT/B18/09/2023.) [2023] GHACC 1195 (11 May 2023)

REPUBLIC VRS KWOSEH (UB/BG/CT/B18/09/2023.) [2023] GHACC 1195 (11 May 2023)

The court found the accused's account inconsistent and accepted the prosecution's evidence that the accused was in possession of cannabis, which was confirmed by forensic analysis. The prosecution proved its case beyond reasonable doubt.

Citation
[2023] GHACC 1195
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 the accused's account inconsistent and accepted the prosecution's evidence that the accused was in possession of cannabis, which was confirmed by forensic analysis. The prosecution proved its case beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused convicted as charged
  • Accused sentenced to pay a fine of 250 penalty units or in default serve 20 months in prison custody