REPUBLIC VRS. SAMPAH (D6/255/2023) [2024] GHACC 174 (25 June 2024)

REPUBLIC VRS. SAMPAH (D6/255/2023) [2024] GHACC 174 (25 June 2024)

The prosecution proved beyond reasonable doubt that the accused was in unlawful possession of six wraps of cannabis, and technical defects in the charge sheet did not result in a miscarriage of justice. The accused's own statements and the forensic evidence established the offence under section 37(1)(a) of the Narcotics Control Commission Act, 2020 (Act 1019).

Citation
REPUBLIC VRS. SAMPAH (D6/255/2023) [2024] GHACC 174 (25 June 2024)
Parties
Prosecution: The Republic; Accused: Isaac Nii Boye Sampah @ Sim One
Court
ghacc
Jurisdiction
Ghana
Judgment Date
25 June 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Narcotic Drugs, Unlawful Possession, Burden of Proof, Criminal Procedure
Source Language
eng
Criminal Law Narcotic Drugs Unlawful Possession Burden of Proof Criminal Procedure

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Parties

The Republic

Prosecution

Isaac Nii Boye Sampah @ Sim One

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the defect in the charge sheet is fatal to the prosecution's case
  2. 2 Whether the accused was in possession of six wraps of a narcotic substance

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was in unlawful possession of six wraps of cannabis, and technical defects in the charge sheet did not result in a miscarriage of justice. The accused's own statements and the forensic evidence established the offence under section 37(1)(a) of the Narcotics Control Commission Act, 2020 (Act 1019).

Court Disposition

conviction and sentence

Orders

  • The accused is sentenced to pay a fine of Two Hundred Penalty Units and in default serve a prison term of six months.
  • The retrieved narcotic drugs should be destroyed by the Ghana Police Service in collaboration with the Narcotics Control Commission.