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KWABENA ADUSEI v. REPUBLIC

2018

COURT OF APPEAL

GHANA

CORAM

  • ADJEI,J.A
  • LOVELACE-JOHNSON,J.A
  • TORKORNOO,J.A

Areas of Law

  • Criminal Law and Procedure
  • Constitutional Law

AI Generated Summary

This sentence appeal arose after a High Court in Accra convicted an Italy‑based driver for possession and attempted exportation of heroin, following a NACOB arrest at Kotoka International Airport and confirmation that he had swallowed sixty‑five pellets. He was sentenced to ten years’ imprisonment on each count, concurrently. On appeal, he argued the trial judge failed to account for his three years three months in lawful remand and asked that his sentence take effect from his 8 September 2009 arraignment. The Court of Appeal, per Adjei J.A., held that Article 14(6) is mandatory but compliance may be implicit; imposition of the minimum term under PNDCL 236 showed the remand period was taken into account. Relying on section 315(3) of Act 30 and Uyuanwune, the court ruled sentences are prospective and cannot be backdated. It dismissed the appeal and affirmed the sentence, with Lovelace‑Johnson J.A. and Torkornoo J.A. concurring.

JUDGMENT