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GEORGE BONSU @ BENJILLO v. REPUBLIC

1999

SUPREME COURT

GHANA

CORAM

  • Mrs. Bamford-Addo, J.S.C.(Presiding)
  • Ampiah, J.S.C.
  • Kpegah, J.S.C.
  • Atuguba, J.S.C.
  • Sarpong, J.S.C

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

The Supreme Court of Ghana dismissed the further appeal of George Bonsu alias Benjillo (2nd Accused) against his conviction for unlawful possession of heroin under section 2(1) of PNDCL 236. The case stemmed from an EMS parcel addressed to Iddrisu Mohammed, collected by Gordon Amartey, and handed along a chain involving Henry Akoto to the appellant, who later passed it to Nigerian national Sylvester Chuka Osunoh. Upon arrest, authorities discovered heroin concealed in books. The Court held that while the unsworn statement of the 1st Accused (Exhibit G) was inadmissible against the appellant and certain prejudicial questioning should have been excluded, these errors did not result in a substantial miscarriage of justice under NRCD 323 and Act 459. The Court affirmed that possession requires knowledge of the presence and the nature/quality of the drug, which was proven through circumstantial evidence, including the appellant’s expedited procurement of an authority note (Exhibit M) and an attempted inducement of customs officials. The trial of the absconded 1st and 5th accused in absentia was upheld under Article 19(3)(a).

JUDGMENT