Republic Vrs Eshun [2023] GHACC 192 (20 April 2023)

Republic Vrs Eshun [2023] GHACC 192 (20 April 2023)

The prosecution proved beyond reasonable doubt that the accused possessed 6.78g of cannabis for personal use without lawful authority. The accused failed to raise any reasonable doubt or provide an explanation. The minimum sentence under section 37(2)(a) of Act 1019 was applied.

Citation
Republic Vrs Eshun [2023] GHACC 192 (20 April 2023)
Parties
Prosecution: The Republic; Accused: Philip Eshun alias Mensah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
20 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentencing
Legal Topics
Possession of Narcotic Drugs, Sentencing, Burden of Proof
Source Language
eng
Criminal Law Possession of Narcotic Drugs Sentencing Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Philip Eshun alias Mensah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused possessed narcotic drugs without lawful authority
  2. 2 Whether the accused possessed the drugs for personal use or trafficking
  3. 3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused possessed 6.78g of cannabis for personal use without lawful authority. The accused failed to raise any reasonable doubt or provide an explanation. The minimum sentence under section 37(2)(a) of Act 1019 was applied.

Court Disposition

conviction and sentencing

Orders

  • Accused sentenced to pay a fine of 200 penalty units; if unpaid, to serve one month imprisonment.