LAWRENCE AMANKWAAH vs. THE REPUBLIC [2013]DLCA5260

Date	2013-07-11
Suit No.	CRIMINAL APPEAL SUIT NO.H2/1/2013
Citation No.	[2013]DLCA5260

KUSI-APPIAH J.A. (PRESIDING)

OFOE J.A.

SOWAH (MRS.) J.A.

MR. KWAKU ADJEI LARTEY FOR THE APPELLANT

MR. JOHN TULASI OFORI (SSA) FOR THE RESPONDENT

[2013]DLCA5260
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													<main id="main" class="content" style="min-height: 60rem" >LAWRENCE AMANKWAAH <o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC <o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL APPEAL SUIT NO.H2/1/2013&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 11TH JULY, 2013<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR. KWAKU ADJEI LARTEY FOR
THE APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
JOHN TULASI OFORI (SSA) FOR THE RESPONDENT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KUSI-APPIAH
J.A. (PRESIDING), OFOE J.A., SOWAH (MRS.) J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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</div>KUSI-APPIAH,
J.A. :<o:p></o:p>On 25th September, 2008, the High Court
presided over by G. M. Quaye, J.A. as an Additional Justice of the High Court,
delivered a judgment in which the appellant herein was found guilty on the
offence of possession of narcotic drugs without lawful authority contrary to
Section 2 (1) of the Narcotic Drug (Control, Enforcement and Sanctions) Law,
1990 (PNDC Law 236) and sentenced accordingly.<o:p></o:p>The brief facts leading to this appeal are as
follows:<o:p></o:p>The appellant was arrested at the Kotoka International
Airport at<o:p></o:p>about 7.00p.m on 20th June, 2006, when
he was about to board a KLM Flight to Amsterdam.&nbsp; Appellant was arrested by Aviation security
Officer on suspicion that he had Narcotic Drugs on his body.&nbsp; A search conducted on him revealed that
appellant was wearing a vest and a pair of shorts underneath his dress.&nbsp; The said vest and the pair of shorts were
found to have been stuffed with whitish substance which was later found to be
cocaine, a narcotic drug.&nbsp; Upon his
arrest, the appellant pointed out one Kwadwo
Oppong-Manu as the person who contracted him for a fee on Nine Thousand
Euros and gave him the vest and a pair of shorts stuffed with the cocaine to
take to Amsterdam.<o:p></o:p>The appellant and the said Kwadwo Oppong-Manu were
charged on three counts in respect of drug related offences under Narcotic Drug
(Control, Enforcement and Sanctions) Law 1990 (PNDCL 236).&nbsp; Both of them faced a common charge of
conspiracy to export Narcotic Drug without license issued by the Minister of
Health contrary to Section 1(1) and 56(c) of the Narcotic Drugs (Control,
Enforcement and Sanctions) Law of 1990 (PNDCL 236).<o:p></o:p>In addition to the above, the appellant was also
charged with the offence of possessing narcotic drugs without lawful authority
while the said Kwadwo Oppong-Manu on
the otherhand was also charged with the offence of indulging in prohibited
business relating to narcotic drugs contrary to Sections 3(2) of PNDCL 236 of 1990.<o:p></o:p>After a full trial, the trial court acquitted the
appellant and Kwadwo Oppong-Manu (who
was the second accused) on conspiracy to commit an offence relating to narcotic
drug.&nbsp; The trial court also acquitted Kwadwo Oppong-Manu on the offence of
indulging in prohibited business relating to narcotic drugs.&nbsp; In effect, the said Kwadwo Oppong-Manu was acquitted and discharged on both counts he
was facing.&nbsp; However, the appellant
herein (who was the first accused at the trial) was convicted on the offence of
possession of narcotic drugs without Lawful Authority and sentenced to 12 years
imprisonment.<o:p></o:p>Dissatisfied with the said judgment, the appellant
filed Notice of Appeal against his conviction and sentence.&nbsp; But upon receipt of the Record of Appeal, the
appellant through his counsel amended the Grounds of Appeal to this court
against his sentence on the following grounds:-<o:p></o:p>