THE REPUBLIC vs KWAME OHENE KWAKYE
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ALHAJ ABDULLAH IDDRISU
Areas of Law
- Criminal Law and Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
Kwame Ohene Kwakye was charged with possession of narcotic drugs, specifically cannabis, without authority. Initially pleading not guilty, he later changed his plea to guilty with an explanation. The police found cannabis in his possession during a vehicle search, confirmed through forensic examination. Kwakye claimed the cannabis was for personal use to treat his ailments. However, the court found no lawful authority for his possession, convicting him of the lesser offence of using narcotic drugs without lawful authority. Key legal principles included the burden of proof, proof beyond a reasonable doubt, and the prohibition of possessing narcotic drugs without lawful authority. The court sentenced him to three years' imprisonment and a fine, considering mitigating factors like his educational aspirations.
The accused person, Kwame Ohene Kwakye was charged with the offence of possession of narcotic drug without authority contrary to section 2(1) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990, PNDL 236. The charge was read to the accused person in English and he understood it.
The accused initially pleaded not guilty but later changed his plea from not guilty to guilty with explanation.
His explanation was as follows: “Yes, My Lord, earlier I made a statement that it was for my own personal use; which is normally, I use it for my own up keeping and my own personal use especially for my hair.
I use it for my own hair that was the main reason why I was having it. ”Based on the explanation the court entered a plea of not guilty and the trial of the accused who was unrepresented took place.
The facts of the case as presented by the Prosecution are that on 22nd of August, 2011 at about 6: 50pm Combat 4B Highway Patrol Team on their usual motor check on the Accra – Cape Coast road intercepted a Hyundai mini bus with registration number GR6476 Y at Akorti Junction with the accused Kwame Ohene Kwakye on board.
The team conducted a search in the vehicle and found three compressed parcels of dried leaves suspected to be cannabis concealed in a red bag belonging to the suspect.
The suspect claimed ownership of the bag and its content and stated that one Kuma at Kpando sold it to him at a cost of Thirty Ghana Cedis (GH 30). The accused however refused to lead the police to the said Kuma.
The dried leaves were sent to the Police Forensic Laboratory for analytical examination and report.
Laboratory report received on the 20/9/11 indicated that the exhibit tested positive for cannabis sativa with a net weight of 2, 300. g. Definition of prohibition on possession of narcotic drug Section 2 of the Narcotic Drugs (Control, Enforcement and Sanctions) Act 1990 states:
“(1) A person who, without lawful authority the proof of which lies on that person, has possession or control of a narcotic drug commits an offence.
”BURDEN OF PROOF
In his “Book Practice and Procedure in Trial Courts and Tribunals in Ghana, second edition 2011”, the learned and distinguished author, His Lordship Justice S. A. Brobbery (retired) said at paragraph 301 on page 139 that “In Criminal trials, the burden of proof in the sense of the bur