Ratio DecidendiRatio DecidendiRatio Decidendi



SALAOU SIAKA
V.
THE REPUBLIC

(2015) JELR 69800 (CA)    
Court of Appeal  ·  SUIT NO: H2/19/2013 ·  29 Jan 2015 ·  Ghana
CORAM
OWUSU M. (PRESIDING), ADUAMA OSEI J.A., GYAN J.A.

Ratio Decidendi

Core Terms Beta
appellant
counsel
trial judge
charge sheet
lesser offence
narcotic drugs
facts
new charge sheet
republic
years ihl
kotoka international airport
trial court
greater accra region
minimum sentence
particulars of offence
possession of narcotic drug
record of appeal
exportation of narcotic drug
facts of the case
mr. babanawo
open court
record of proceedings
sentences
time of his arrest
criminal procedure code
guilty simpliciter
mandatory minimum sentence
old suit number
previous charge sheet
aduama osei
benefit of the accused
circumstances of the case
court of appeal
criminal trial
decision of the high court
earlier charge sheet
following grounds
guilty plea of the appellant
high court
lesser sentence
new town
order of the trial judge
pellets of heroin
possession of narcotic drugs
suit no. st
sure way of measuring
united states of america
year sentence
years prison sentence

MARIAMA OWUSU, J.A.

On 9-12-2011, the High Court, found the appellant guilty on two counts of attempted exportation of narcotic drug and possession of narcotic drug without lawful authority contrary to section 56 1 [a] and 1 [1] and 2 [1] of the Narcotic Drugs [Control, Enforcement and Sanctions] Act 1990, [PNDC Law 236]. He was found guilty and convicted on both counts and sentenced to ten [10] years IHL on each count. The sentences were to run concurrently.

Dissatisfied with the decision of the High Court, the appellant appealed to the Court of appeal on the following grounds;

[a] There were no narcotic drugs.

[b] The trial judge erred when he convicted the appellant on the basis of suspicion.

[c] The appellant, if anything at all ought to be convicted of supply and not possession.

[d] That the sentence is excessive in the light of ground b.

In arguing the appeal, counsel for the appellant in his written submissions dealt with two grounds together. These are grounds C and D. They read as f…

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