Joel Mejia Duarte Moises v. The Republic
2012
COURT OF APPEAL
GHANA
CORAM
- APPAU, J.A (PRESIDING)
- ACQUAYE, J.A
- DZAMEFE, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, along with two others, was charged with conspiracy to import and possess narcotic drugs, as well as importation and possession of narcotic drugs, contravening various provisions of the Criminal Offences Act and Narcotic Drugs Law. Following a trial with nine prosecution witnesses and only the appellant's testimony for the defense, they were found guilty and sentenced to 25 years in prison. The appellant appealed, asserting the convictions were not supported by evidence and the sentences were excessive. The appellate court upheld the convictions and sentences but corrected an error regarding the date the sentences were to take effect. The legal principles highlighted include the burden of proof, definition of conspiracy, possession and knowledge of drugs, and sentencing considerations.
DZAMEFE, JA
The appellant herein and two others, all Venezuelans, were charged under three counts of Conspiracy to import narcotic drugs; Importation of narcotic drugs and Conspiracy to possess narcotic drugs; contrary to sections 23(1), 1(1) and 2(1) of the Criminal Offences Act, 1960 [Act 29] and Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 [PNDCL 236] respectively.
The appellant, however, was alone charged with a further count of Possession of narcotic drug contrary to section 2(1) of PNDCL 236/90. The four counts and their particulars as indicated on the charge sheet read; Count 1 Conspiracy to import Narcotic Drugs without licence issued by the Minister of Health contrary to Section 23(1) of Act 29/60 and Section 1(1) of PNDCL 236. Particulars of offence; -
1. Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.
2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.
3. Vasquez Gerado Duarte David @ Bude @Budi @ Bude @ Charmo, businessman: for that on or about November 2005 in Accra, in the Greater Accra Region did act together with a common purpose to import into Ghana 588 kilos of Cocaine a narcotic drug without licence issued by the Minister of Health.
Count 2 Importation of Narcotic drug without lawful authority: contrary to Section 1(1) of PNDCL 236/1990. Particulars of offence; - 1. Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.
2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.
3. Vasquez Gerado Duarte David @ Bude @Budi @ Bud @ Charmo, businessman: for that on or about September 2005 in Accra, in the Greater Accra Region did import into Ghana 588 kilos of Cocaine a narcotic drug without licence issued by the Minister of Health.
Count 3 Conspiracy to commit crime namely possessing narcotic drug contrary to Section 23(1) of the Criminal Code Act 299 1960 and Section 2 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law PNDC 236/1990. Particulars of offence; - Joel Mejia Duarte Moises @ Joel Melia, Machine Operator.
2. Italo Gervasio Rosero Castillo @ Italo Cabeza Castillo, Businessman.
3. Vasquez Gerado Duarte David @ Bude @Budi @ Bud @ Charmo, businessman: In or about November 2005 in Accra, in the Greater Accra Region acted together with a common purpose to possess a narcotic drug without namely cocaine.
Count 4 Possession of Narcotic drug without lawful authority contrary to Section 2 of the Narcotic Drugs Narcotic Drugs (Control, Enforcement