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JUDGMENT
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