Republic Vrs Sam [2023] GHACC 233 (20 March 2023)

Republic Vrs Sam [2023] GHACC 233 (20 March 2023)

The accused was found in possession of a narcotic plant (Cannabis) without lawful authority, as proven by credible eyewitness testimony, forensic evidence, and his own confession. The accused failed to demonstrate lawful authority or successfully challenge the prosecution's case.

Source-derived case information.

Citation
Republic Vrs Sam [2023] GHACC 233 (20 March 2023)
Parties
Prosecution: The Republic; Accused: Godfred Sam alias Joe Boye
Court
ghacc
Jurisdiction
Ghana
Judgment Date
20 March 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Unlawful Possession of Narcotic Plant, Burden of Proof, Confession, Sentencing
Source Language
en
Criminal Law Unlawful Possession of Narcotic Plant Burden of Proof Confession Sentencing

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Republic

Prosecution

Godfred Sam alias Joe Boye

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had in his possession a narcotic plant
  2. 2 Whether the accused had lawful authority to possess the said narcotic plant

Ratio Decidendi

The accused was found in possession of a narcotic plant (Cannabis) without lawful authority, as proven by credible eyewitness testimony, forensic evidence, and his own confession. The accused failed to demonstrate lawful authority or successfully challenge the prosecution's case.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to pay a fine of 1000 penalty units and in default serve a term of imprisonment of three years in addition to a term of imprisonment of ten years.
  • Seized forty nine wrappers of Cannabis to be disposed of in accordance with section 108 of Act 1019 within a month of the judgment.