AMADU SUMAILA vs. THE REPUBLIC [2016]DLCA4538

Date	2016-07-28
Suit No.	SUIT NO: H2/8/2015
Citation No.	[2016]DLCA4538

M. OWUSU J.A. (PRESIDING)

DORDZIE J.A.

GYAN J.A.

ISAAC AIDOO FOR APPELLANT

M. A. OPARE (PSA) FOR REPUBLIC

[2016]DLCA4538
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													<main id="main" class="content" style="min-height: 60rem" >AMADU SUMAILA<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>[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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SUIT NO: H2/8/2015&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; &nbsp; &nbsp;DATE: 28TH JULY, 2016<o:p></o:p>

M.
A. OPARE (PSA) FOR REPUBLIC<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>MARIAMA OWUSU, (J.A.):<o:p></o:p>This
appeal is against sentence. The appellant was convicted on the charges of
possession of narcotic drugs contrary to section 2 (1) of PNDCL 236. He was
sentenced to fifteen years IHL.<o:p></o:p>Dissatisfied
with the decision of the High Court, the appellant appealed to the Court of
Appeal on the following grounds:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (a) His Lordship should have thoroughly
considered the repentant state of mind and heart of the appellant and reduced
the sentence to the minimum.<o:p></o:p>(b)
His Lordship should have given weight to mitigation of sentence and the fact
that the appellant is a young offender and that was his first brush with the
law and given him minimum sentence and that occasioned a miscarriage of
justice.<o:p></o:p>(c)
His Lordship should have stated expressly that he had considered the date of
arrest and the number of years the appellant had spent in lawful custody in
both judgments.<o:p></o:p>(d)
The sentence of 15 years is excessive<o:p></o:p>&nbsp; 2. The sentence is excessive.<o:p></o:p>Before
dealing with the merits of this appeal, I will give a brief back ground of this
case. The facts as presented by the prosecution are that, the appellant a
Ghanaian national is domiciled in Spain. On 18th July, 2008, he arrived at the
Kotoka International Airport to board Royal Air Maroc to Spain. Whilst going
through departure formalities, he was suspected of carrying narcotic drug in
his stomach due to his strange demeanor by the personnel of the Narcotic Control
Board on duty at the Airport. A field test of his urine proved positive that he
had narcotic substance in his system. He was further questioned by the officers
and he confessed that he had swallowed pellets of cocaine. He was arrested and
put under observation and within twenty four (24) hours, he expelled eighty
(80) thump size capsules of whitish substance suspected to be cocaine.<o:p></o:p>During
interrogations, the appellant claimed he was recruited by one JEFF in Spain to
come and carry the cocaine from Ghana for a fee of three thousand euros
(€3,000). That he came to Ghana and met someone at Kwame Nkrumah Circle where
he collected the cocaine from the person and swallowed same. The appellant
claimed he did not know his supplier’s name and could therefore not assist
police to arrest him.<o:p></o:p>The
suspected narcotic drug was sent to Ghana Standard Board for analytical
examination, where it proved positive for cocaine, a narcotic drug.<o:p></o:p>After
police investigations into the matter, the appellant was charged with Possession
of Narcotic Drug without lawful authority contrary to Section 2 (1) of Narcotic
Drugs (Control, Enforcement and Sanctions) Law 1990, PNDCL 236.<o:p></o:p>After
a full trial, the appellant was found guilty and convicted accordingly.<o:p></o:p>In
sentencing the appellant, the trial judge held among other things that;<o:p></o:p>“From the totality of the evidence led
and the surrounding circumstances of this case, the accused person was found in
possession of 80 pellets of cocaine which he had concealed in his stomach. He
knew the nature and quantity of the substances that he has swallowed and he
must be held culpable for his conduct. He is convicted on the charge of
Possession of Narcotic Drug Contrary to Section 2 (1) of PNDCL 236. He is
sentenced to 15 years imprisonment with hard labor”.<o:p></o:p>It
is this sentence that the appellant has appealed against.<o:p></o:p>From
the Notice of Appeal, the appellant is not appealing against conviction, but
only the sentence. The introduction of counsel for the appellant’s Written
Submission filed on 10th March 2016 confirms this when he stated that:<o:p></o:p>“Respectfully My Lords.<o:p></o:p>