THE REPUBLIC v. GODSWAY DZOMATSI
2016
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, JA (PRESIDING)
- ACQUAYE, JA
- DZAMEFE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant was charged with possessing narcotic drugs without lawful authority and was found guilty by the trial court, which sentenced him to 10 years in prison. He appealed the conviction, arguing that he did not know the contents of the bag containing the drugs and that his conviction was against the weight of the evidence. The appellate court reviewed the entire record and concluded that the evidence supported the trial court's findings. The appellate court affirmed the trial court's decision, holding that the appellant had possession and knowledge of the narcotic drugs. The appeal was dismissed.
DZAMEFE, JA
The appellant was charged with the offence of possessing narcotic drug without lawful authority; contrary to Section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 PNDC L236. The particulars are that the appellant on or about the 15th of March 2012 at Wlitey Customs & Excise check point near Akatsi in the Volta Region and within the jurisdiction of the High Court, did have in his possession eleven (11) slabs and a small parcel of compressed dried leaves suspected to be cannabis sativa, a narcotic drug without lawful authority.
The quantity was 9, 403 grams. Facts The facts as given by Prosecution are that the accused is a computer technician resident at Kpando in the Volta region.
On 15/03/12, officials of Customs Division of the Ghana Revenue Authority (GRA) intercepted an Opel saloon private car loaded with passengers at Wlitey on the Tadzewu-Akatsi motor road.
A search conducted in the vehicle which was travelling from Dzodze to Akatsi led to the discovery of a “Ghana Must Go” bag containing eleven(11) slabs and a small parcel of compressed dried leaves suspected to be cannabis sativa, a narcotic drug.
The accused who was one of the passengers claimed ownership of the bag.
He was arrested and handed over to the Narcotics Control Board (NACOB) for investigation.
Accused told NACOB investigators that the bag was given to him in Kpando by one Joe alias Kelli to be delivered to an unknown person at Akatsi.
Accused was escorted to Kpando but he could not assist in arresting the said Joe alias Kelli as he could not identify his house.
Enquiries in Kpando revealed that the last time Joe, who is not a native, was seen in the town was in year 2000. The exhibit substance was forwarded to the Ghana Standards Authority (GSA) for analytical examination and report.
2 THE REPUBLIC VRS. GODSWAY DZOMATSI Prosecution to make its case called three witnesses.
Messers Michael Gaogli and Jerryking Boakye, both officials of CEP and Samuel Amankwa the police investigator.
Prosecution’s case simply was that on 15th March 2012 at a custom check point at Wlitey, between Akatsi and Dzodze a taxi was stopped and inspected.
A “Ghana must go” bag was found in the booth containing 11 slabs of Indian hemp which the appellant claimed to be his.
He was arrested and he told them the bag and the contents were given him by one Joe at the Kpando lorry park to be given to someone in Akatsi.
He was handed over to Nacob and after all investig