ITALIO GERVASIO ROSERIO CASTILLO vs. THE REPUBLIC

JUDGMENT DOTSE, JSC:- The appellant herein was charged and tried jointly with two others, (namely Joel Mejia Duarte Moises (A1) and Vasquez Gerardo Duarte David (A3) at large) on three counts, convicted and sentenced by the trial High Court presided over by Ayebi J, (as he then was) on 13th day of April 2007 and sentenced to 20 years IHL on all counts to run concurrent. The three counts which the appellant and the others referred to supra faced are the following;- COUNT 1 Conspiracy to import Narcotic Drugs without licence issued by the Minister of Health contrary to Section 23 (1) of Act 29/60 and Section 1 (1) of PNDCL 236. COUNT 2 Importation of Narcotic Drugs without lawful authority contrary to section 1 (1) of the Narcotic Drugs (Control Enforcement and Sanctions) Act, 1990, PNDCL 236. COUNT 3 Conspiracy to commit crime namely possessing Narcotic Drugs contrary to Section 23 (1) of the Criminal Act, Act 29, (1960) and Section 2 of PNDCL 236. BR...