KWABENA ADUSEI v. REPUBLIC
2018
COURT OF APPEAL
GHANA
CORAM
- ADJEI,J.A
- LOVELACE-JOHNSON,J.A
- TORKORNOO,J.A
Areas of Law
- Constitutional Law
- Criminal Law and Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant was arrested for possession and attempted exportation of heroin and was sentenced to ten years in prison by the High Court. He appealed the sentence, arguing that the trial court failed to consider the three years and three months he spent in custody before sentencing. The Court of Appeal discussed the mandatory requirement of article 14(6) of the Constitution to consider pre-trial detention but held that retrospective sentencing has significant legal implications and dismissed the appeal, affirming the trial court's judgment.
J U D G M E N T
ADJEI, J.A:
The Appellant was charged with two counts of offence and was arraigned before the High Court, Accra. The two counts of offence preferred against the Appellant before the trial High Court were possession of narcotic drug without lawful authority contrary to sections 2(1) and (2) of the Narcotic Drug (Control, Enforcement and Sanctions) Law 1990, PNDCL 236 and attempted exportation of narcotic drug without licence, contrary to section 11(1) and 56 (a) of the Narcotic Drug (Control, Enforcement and Sanction) Law 1990 PNDCL 236. The Appellant before the trial High Court pleaded not guilty to both counts and the case proceeded to trial. After the trial, the High Court convicted the accused of both counts of offence and sentenced him to ten years imprisonment to run concurrently.
The Appellant dissatisfied with the sentence imposed on him by the trial High Court applied for leave to this Court to file an appeal against sentence. Pursuant to the leave granted by this Court, the Appellant filed his notice of appeal on 6th December, 2017.
The brief facts of the case as presented before the trial High Court were that the Appellant was a driver by profession and lived in Italy. On 8th September, 2009, the Appellant was arrested at the Kotoka International Airport by the officials of the Narcotic Control Board (NACOB) on suspicion of having ingested Narcotic drugs. A field test of urine was conducted by the officers of the Narcotic Control Board on the Appellant which proved positive for heroin. On interrogation, the Appellant confessed to having swallowed sixty-five pellets of heroin. The Appellant subsequently expelled all the sixty-five pellets of heroin when he was kept under observation.
The Appellant was first arraigned before the trial High Court on 8th September, 2009. The Appellant pleaded not guilty to both counts of offence. The Appellant was remanded into prison custody until he was convicted on 14th December,2012. The Appellant’s main concern is that the trial High Court Judge failed to take into account the period of three years three months he spent in lawful custody in respect of the two counts of the offence preferred against him until the completion of the trial. The two grounds of appeal contained in the notice of appeal filed by the Appellant against his sentence are as follows:
“1. That the trial High Court failed to consider in its judgment the period of Three (3) years three months (3) the Appellant had spent in