JONATHAN ADE OLUJOMOYE

In a joint appellate judgment in the Gold Coast, Chief Justice Petrides with Justices Barton and Doorly dismissed an appeal from a conviction under section 309 of the Criminal Code. The case involved pieces of paper cut to the size of West African currency notes, some bearing Arabic characters akin to those on the note’s reverse. The appellant argued that “any instrument or thing” should be read ejusdem generis, excluding the paper pieces, and further contended he lacked possession because the items were found with his wife. Applying Maxwell on statutory interpretation, the court construed “thing” broadly and held that items specially contrived for coin-related crimes are covered. On possession, drawing on receiving cases (R v Smith; R v Gleed), the court held that control over another’s possession suffices. The court rejected claims of misdirection and, relying on Phipson and cases including R v Crippen and R v Smith, upheld the trial judge’s discretion under section 271 to admit rebuttal evidence. Noting testimony from Mary Kobla, Superintendent Amaview, and Sergeant Ansah, it found no miscarriage of justice and dismissed the appeal.