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HALIO GERVASIO ROSERO CASTLLO
V.
THE REPUBLIC

(2018) JELR 92103 (SC)

Supreme Court 14 Feb 2018 Ghana
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- The appellant was charged and tried jointly with two others on three counts related to drug trafficking. - The trial court convicted the appellant and the others and sentenced them to 20 years imprisonment on all counts. - The appellant a

Case Details

Suit Number:CRIMINAL APPEAL NO. J3/03/2017
Judges:ADINYIRA, JSC (PRESIDING) , DOTSE, JSC , BAFFOE-BONNIE, JSC , GBADEGBE, JSC , BENIN, JSC
Counsel:AUGUSTINE OBOUR MINTA FOR THE APPELLANT. K. ASIAMA-SAMPONG, CHIEF STATE ATTORNEY WITH HIM VICTORIA ASIEDUWAA, SENIOR STATE ATTORNEY FOR THE RESPONDENT.
Other Citations:(2018) JELR 68869 (SC)

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.

BRIEF FACTS

The facts of this case admit of no con…

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