REPUBLIC VS CHEN GUIBIN & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Immigration Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
In May 2021, several accused, including Chinese nationals and Ghanaians, were arrested for illegal gold trading, operating unlicensed casinos, and possessing firearms. The court addressed charges under various statutes, leading to plea bargains except for A2 who absconded. Tried in absentia, A2 was acquitted of illegal gold trading but found guilty of overstaying his permit, sentenced to imprisonment and fines, with a recommendation for deportation.
Article 19(3) a of the Constitution 1992 provides that: “The trial of a person charged with a criminal offence shall take place in his presence unless(a) he refuses to appear before the Court for the trial to be conducted in his presence after he has been duly notified of the trial. ”The accused persons were arraigned before this court on the 16th of July 2021 on a charge sheet filed at the Registry of this court on the 15th of July 2021. The A1, A2, A4, A5, and A6 who are Chinese nationals pleaded not guilty to the charges preferred against them after same had been read and explained in the Chinese Language.
The A3 and A7 who were Ghanaians pleaded not guilty to the charges after same were read and explained to them in the Twi Language.
The charges preferred against the accused persons are as follows: STATEMENT OF OFFENCE COUNT ONE Buying and Selling Minerals without a licence contrary to section 99(1)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining (Amendment) Act, 2019(Act 995). PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Lu Xianchu, 3. Richard Gasu in or about May 2021 at Asankragua in the Western North Region engaged in the buying and selling of gold without a license issued by the Minister responsible for Mines.
COUNT TWO STATEMENT OF OFFENCE Buying and Selling Minerals without a licence contrary to section 99(1)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining Act, 2019 (Act 995). PARTICULARS OF OFFENCE 1. Yao Zencheng, 2. Cheng ChunRong, 3. Xue Lianhua, 4. Joshua Osei Badu, on Or about May 2021 at Asankragua in the Western North Region, engaged in the uying and selling of gold without a license issued by the Minister responsible for Mines.
COUNT THREE STATEMENT OF OFFENCE Operating a Casino without a licence contrary to section 62(a) of the Gaming Act, 2006 (Act 721). PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Richard Gasu, in or about May, 2021 at Asankragua in the Western North Region operated a Casino without the required license granted by the Gaming Commission of Ghana.
COUNT FOUR STATEMENT OF OFFENCE Possession of firearms without authority contrary to section 11(b) of the Arms and Ammunition Act, 1972 (NRCD 9)PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Richard Gasu, in or about May, 2021 at Asankragua in the Western North Region did have in your possession a pump action gun No. T072960 without the proper authority.
STATEMENT OF OFFENCE Possession of firearms with