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CLIFFORD BRONI BEDIAKO v. THE REPUBLIC

December 16, 2010

COURT OF APPEAL

GHANA

CORAM

  • G M QUAYE JA [PRESIDING]
  • YAW APPAU JA
  • DENNIS D ADJEI JA

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

The Court of Appeal (Dennis D. Adjei JA, with G. M. Quaye JA presiding and Yaw Appau JA concurring) reviewed the conviction and sentence of a Ghanaian student arrested at Kotoka International Airport while departing on a KLM flight. After an X-ray at 37 Military Hospital and supervised expulsion of 36 whitish pellets, Ghana Standards Board testing confirmed 320 grams of cocaine at 71.4% purity. The appellant admitted swallowing the pellets but claimed they were diamonds from a Mr. Koffie. The tribunal convicted and imposed 12 years’ imprisonment. On appeal, the court dismissed eight conviction grounds, emphasizing that possession requires knowledge and that the defence was implausible. It held the X-ray’s absence immaterial and clarified plea law. Applying Article 14(6), the court reduced the sentence to 10 years, effective from conviction, rejecting commencement from arrest under Section 315(2) of Act 30.

JUDGMENT