ANYASS JIBRIL v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU J.A. (PRESIDING)
- DZAMEFE J. A.
- WELBOURNE (MRS) J. A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court, Kumasi, convicted the appellant for possession of narcotic drugs without lawful authority and sentenced him to ten years of hard labor. The appellant challenged the conviction, arguing that evidence was improperly evaluated and his case was inadequately considered. The appellate court reviewed the entire record and found no merit in the appellant's claims, noting that the trial was conducted fairly and in accordance with legal standards. The court confirmed that the confession was voluntary and admissible and that the prosecution had sufficiently proven its case. Consequently, the appellate court upheld the conviction and sentence.
JUDGEMENT
WELBOURNE, JA
This is an appeal against the judgment of the High Court, Kumasi, dated 11th January, 2013. The judgment is found at pages 109 to 131 of the Record of Appeal while the Notice of Appeal can be found at pages 132 to 135 of the Record of A ppeal, filed on 8th Februry, 2013 and 28th October, 2013.
The facts in this case are fairly simple and straightforward.
BRIEF FACTS:
The Brief Facts of this case as put forward by the Prosecution are that on the 4th of August 2011, personnel of the Bureau of National Investigations (BNI), Ashanti Region, arrested the Appellant herein at his residence at Asawasi, Kumasi and retrieved a total of three thousand, three hundred and twenty five (3325) wrappers of powdery and rocky substances which later tested positive for heroin and cocaine which are narcotic drugs. An amount of Three Thousand and Twelve Ghana cedis (GH₵3,012.00) and One Thousand One Hundred and Eighty Naira (N1,180.0) were also found in the Appellant’s room. The Appellant was subsequently arranged and tried before the High Court, Kumasi on the following charges:
Count One: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Twenty (20) wrappers of cocaine with a net weight of 0.4880 grams.
Count Two: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Two (2) wrappers of heroin with a net weight of 0.1217 grams.
Count Three: Possession of Narcotic drugs without lawful authority contrary to Section 2(1) of the Narcotic Drugs (control), Enforcement and Sanctions Law, 1990 (PNDCL236).
The particulars of the offence was that the accused, a business man of 25years on or about the 4th of August 2011 at Asawasi, Kumasi in the Ashanti Region did without lawful authority. Have in his possession Twelve (12) wrappers of cocaine with a net weight of 9.7553 grams.
Count Four: Possession of Narcotic drugs without lawful