[1965]DLHC1818 • January 29, 1965 • High Court
KOFI ALIAS FIOZO vs. THE STATE
The appellant, aged eighteen, was convicted at the Circuit Court, Cape Coast, for smoking Indian hemp contrary to sections 48a and 57 of the Pharmacy and Drugs Act, 1961 (Act 64). He pleaded guilty and was sentenced to three years' imprisonment. The appellant challenged the legality of the proceedings on the basis that the personal consent of the Attorney-General was not obtained before prosecution, as required by the Act.
read moreJUDGMENT OF LASSEY J. This appeal which has been brought against the conviction of the appellant raised a question of law. The appellant was convicted at the Circuit Court, Cape Coast, on 9 November 1964 for smoking Indian hemp, contrary to sections 48 (a) and 57 of the Pharmacy and Drugs Act, 1961,1 and was sentenced to three years’ imprisonment. The appellant who was eighteen years old pleaded guilty to the offence. Leave was at first granted to the appellant to appeal against the sentence of three years imposed on him by the trial court, but learned counsel for the appellant later conceded that the sentence imposed was duly authorised by law and accordingly abandoned the appeal on that ground. The question of law raised and argued on behalf of the appellant was that the entire proceedings before the trial circuit court were a nullity on the ground that the personal consent of the Attorney-General was not sought and given before prosecution of the appellant was begun under the .....