[2012]DLCA8629July 12, 2012Court of Appeal

KOBINA BADU AIKINS vs. THE REPUBLIC

AYEBI J.A. On 29th July 2010, an Accra High Court convicted the appellant on the charges of: (1) Attempted exportation of narcotic drug contrary to s.56(a) and section 1 of the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDC Law 236). and (2) Possession of narcotic drug contrary to section 2 of the Narcotic (Control, Enforcement and Sanctions) Act, 1990 (PNDC Law 236). Upon the conviction, the statutory sentence of 10 years IHL on each count to run concurrently was imposed on him. The appellant has appealed against both conviction and sentence on five grounds as follows: (a) The learned trial judge erred in refusing to uphold the submission of no case and calling on the accused to open his defence. (b) The conviction is perverse and against the weight of evidence adduced at the trial. (c) The trial judge failed to evaluate the evidence of the accused. (d) The trial court was wrong in his assessment and inference and concluding that the accused had prior ...