Republic Vrs Akoto [2023] GHACC 292 (17 February 2023)

Republic Vrs Akoto [2023] GHACC 292 (17 February 2023)

The accused was found in possession of and selling cannabis, admitted ownership and intent to sell, and failed to provide any lawful authority or explanation. The prosecution proved all elements of the offence beyond reasonable doubt, and the accused's confession and lack of defence justified conviction under section 38(2) of the Narcotics Control Commission Act, 2020 (Act 1019).

Citation
Republic Vrs Akoto [2023] GHACC 292 (17 February 2023)
Parties
Prosecution: The Republic; Accused: Daniel Akoto
Court
ghacc
Jurisdiction
Ghana
Judgment Date
17 February 2023
Procedural Posture
Criminal / Judgment
Outcome
convicted and sentenced
Legal Topics
Narcotics Offences, Burden of Proof, Sentencing, Evidence, Confession
Source Language
eng
Criminal Law Narcotics Offences Burden of Proof Sentencing Evidence Confession

Case Brief

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Parties

The Republic

Prosecution

Daniel Akoto

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused engaged in prohibited business relating to narcotic drugs contrary to section 38(2) of the Narcotics Control Commission Act, 2020 (Act 1019)
  2. 2 Whether the prosecution proved the guilt of the accused beyond reasonable doubt
  3. 3 Whether the accused had lawful authority to possess and sell cannabis

Ratio Decidendi

The accused was found in possession of and selling cannabis, admitted ownership and intent to sell, and failed to provide any lawful authority or explanation. The prosecution proved all elements of the offence beyond reasonable doubt, and the accused's confession and lack of defence justified conviction under section 38(2) of the Narcotics Control Commission Act, 2020 (Act 1019).

Court Disposition

convicted and sentenced

Orders

  • The accused is sentenced to pay a fine of ten thousand penalty units or in default serve three years imprisonment in hard labour.
  • In addition, the accused is to serve twelve years imprisonment in hard labour without the option of a fine.