KWABENA PANIN v. THE REPUBLIC

This is a criminal appeal against the judgment of the Circuit Court Cape Coast

delivered by Her Worship, Eva Bannerman-Williams (as she then was) delivered on

the 6th November, 2013. The appellant was charged with two (2) counts of possession

of narcotic drugs without lawful authority contrary to section 2(1) of the Narcotic

Drug (Control, Enforcement and Sanctions) Law,1990 (PNDCL 236) and was

convicted and sentenced to serve 10 years` imprisonment on both counts, sentences to

run consecutively.

The facts presented by the Prosecution in support of the charges against the appellant

are as follows;

The appellant is a farmer who lives at Breman Kontonsase near Breman Asikuma in

Central Region. On 30-06-2011, the Police acting upon intelligence that the accused

peddles in Narcotic went in to his house at Breman Kontonase, the appellant who was

in his kitchen on seeing the Police bolted. The Police found 3 parcels of dried leaves

and 41 wrappers of the substance suspected to be Indian Hemp. 3 months later on 29-

09-2011, the Police arrested the accused in his room after earlier attempts to do so has

failed. A search in his room again led to the discovery of 6 wrappers of dried leaves

in Polythene bag. The substances were sent to forensic lab for testing. It tested positive

for cannabis.

At the trial, the accused pleaded “Guilty” simpliciter to the charges. The trial judge

convicted and sentenced the accused-appellant on his own plea to ten years

imprisonment for both counts 1 and 2.

Dissatisfied with the sentence, the appellant, with the leave of court granted by the

High Court on 6th November, 2013, through counsel, filed a Notice of Appeal and

Notice of Additional Grounds of Appeal. The following are the grounds of Appeal;

3(a)That the discretionary use of power by the Circuit Court Judge in making the

sentence consecutive instead of being made concurrent was arbitrary, capricious

and bias.

3(b)That the sentences of 10 years each on the count which was imposed on the

appellant and made consecutive is too harsh and excessive based on the following

grounds:

v) That the appellate court should amend the sentences since it is out of proportion

to the offences committed.

vi) That the sentences be made concurrent instead of consecutive to ensure his

release from prisons within the next few years.

On 28th February, 2023, leave was granted the parties to submit their written

submissions and legal arguments to facilitate its effecti