JOSEPH AWUNOR v. REPUBLIC

JUDGMENT

MARIAMA OWUSU, J.A:

On 13-7-2012, the High Court, Accra, found the appellant guilty on the charges of Possession of Narcotic Drug without Lawful Authority and Attempted Exportation of Narcotic Drug without license issued by the Minister of Health Contrary to sections 2 [1] and 1 [1] of the Narcotic Drug [Control, Enforcement and Sanctions] Law 1990, PNDCL 236. He was convicted on both counts and sentenced to 10 years IHL.

Dissatisfied with the decision of the High Court, he appealed to the Court of Appeal on the following grounds.

1. The trial Judge erred when he found that the appellant was in possession of the drugs.

2. The trial Judge erred when he invited the appellant, then accused to open his defence.

3. Additional Grounds may be filed upon receipt of a certified true copy of the proceedings of the High Court.

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case.

On 20-3-2010, one Godfred Esianu, a Clearing Agent presented seventy-one [71] cartons of fresh pepper and five [5] cartons of onions to the Aviance Section of Kotoka International Airport for exportation out of Ghana to the United Kingdom. The consignment which was loaded in a Hyundai mini bus belonged to the appellant, who had transported the said cargo from Akatsi in the Volta Region. In the course of examination, the officials at the Airport detected some parcels of compressed dried leaves suspected to be Cannabis Sativa concealed in six [6] of the cartons. The Clearing Agent was arrested and he mentioned the appellant as the owner of the goods. He then led the police to the appellant’s house at Akatsi where the latter was arrested. The concealed dried leaves were subsequently forwarded to the police forensic laboratory for analysis where it tested positive for Cannabis Sativa, a narcotic drug with a total weight of 7,788 grams. After investigations, the appellant was charged with the offences stated supra. He was tried and found guilty and convicted on both counts. As stated supra, the appellant was sentenced to 10 years IHL.

It is this conviction and sentence that is on appeal before this court.

At this stage let me put it on record that, the appellant did not file additional grounds of appeal as indicated in his Notice of Appeal filed on 5-2-2013.

In arguing the appeal, counsel for the appellant on ground one [1] which reads;

The trial Judge erred when he found that the appellant