Republic Vrs Samuel Hagan [2023] GHACC 398 (13 October 2023)

Republic Vrs Samuel Hagan [2023] GHACC 398 (13 October 2023)

The accused admitted in his caution statement to possessing and selling the narcotic drugs, and the prosecution proved beyond reasonable doubt that he had custody, knowledge, and control of the drugs without lawful authority. The accused failed to provide any lawful justification for possession.

Citation
[2023] GHACC 398
Parties
Prosecution: The Republic; Accused: Samuel Hagan
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 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

Samuel Hagan

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was in unlawful possession or control of narcotic drugs without authority
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused admitted in his caution statement to possessing and selling the narcotic drugs, and the prosecution proved beyond reasonable doubt that he had custody, knowledge, and control of the drugs without lawful authority. The accused failed to provide any lawful justification for possession.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of unlawful possession or control of narcotic drugs without authority.
  • The accused is sentenced to 10 years imprisonment with hard labour.