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SALAOU SIAKA
V.
THE REPUBLIC

(2015) JELR 69800 (CA)

Court of Appeal 29 Jan 2015 Ghana
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- The appellant was found guilty on two counts of attempted exportation of narcotic drug and possession of narcotic drug without lawful authority. - The appellant appealed the decision of the High Court on the grounds that there were no nar

Case Details

Suit Number:SUIT NO: H2/19/2013
Judges:OWUSU M. (PRESIDING), ADUAMA OSEI J.A., GYAN J.A.
Counsel:MR. AUGUSTINE OBOUR FOR THE APPELLANT,MRS. MARINA APPIAH-OPARE (PSA) FOR THE REPUBLIC

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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