THE REPUBLIC V. DANIEL KWADZO DEH @ KAYBEE

1. INTRODUCTION

[1]My Lords, this is an appeal by the Appellant against his conviction and sentence by the High Court, Criminal Court 2, Accra, delivered on 13 December 2023, with sentence imposed on 21 December 2023.

[2] The Appellant was convicted on two counts, namely:

(a) Importation of a narcotic drug without licence, contrary to section 1(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDCL 236); and

(b) Possession of a narcotic drug without lawful authority, contrary to section 2(1) of PNDCL 236.

[3] He was sentenced to ten (10) years’ imprisonment on each count, the sentences to run concurrently.

[4] The Appellant contends that the convictions are unsafe, unreasonable, and contrary to the evidence on record, and that the sentence is unlawful in light of the later Narcotics Control Commission Act, 2020 (Act 1019).

[5] Having reviewed the entire record of proceedings, the High Court’s judgment and the Appellant’s written submissions, this Court now proceeds to determine the appeal. It is apposite to restate the charges for which the appellant stood trial and then recount the background facts an procedural history. Appellant was charged as follows:

COUNT ONE Statement of Offence

Importation of Narcotic drug without license issued by the Minister of Health contrary to Section 1(1) of the Narcotics Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDC Law 236).

Particulars of Offence

Daniel Kwadwodeh, Graphic Designer, on or about the 14th day of September 2018, at Accra North Post Office, Kwame Nkrumah Circle, took possession of a parcel from the United States of America containing six (6) parcels of cannabis sativa, a narcotic drug with a net weight of 230.7185 grammes which substance you imported into Ghana without license issued by the Minister of Health.

COUNT TWO Statement of Offence

Possession of Narcotic drug without lawful authority contrary to Section 2(1) of the Narcotics Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDC Law 236).

Particulars of Offence

*Daniel Kwadwodeh, Graphic Designer, on or about the 14th day of September 2018, at Accra North Post Office, Kwame Nkrumah Circle, had in your possession of a parcel from the United States of America containing six (6) parcels of cannabis sativa, a narcotic drug with a net weight of 230.7185 grammes which substance you imported into Ghana without licens