SEWONOMIM ALIAS ATUAHENE AND OTHERS
V.
THE REPUBLIC

(1973) JELR 69668 (HC)    
High Court  ·  25 Jun 1973 ·  Ghana
 · 
Other Citations
[1976] 1 GLR 15
CORAM
OSEI-HWERE J.
Core Terms Beta
second appellant
first appellant
court
room
evidence
third appellant
constructive possession
hard labour
trial judge
years’ imprisonment
grammes of indian hemp
prosecution
second charge
statement
appellants
wrappers of indian hemp
learned state attorney
possession of the indian hemp
reasonable doubt
room of the second accused
trial
yaw kyei
circuit court
circumstance of his defence
confession statement of an accused person
court counsel
criminal code
different approaches
drugs act
element of physical control
evidence of the first accused
first appellant’s statement
first count
following reasons
grounds of appeal
guilty men
learned author
learned circuit judge
police station
possession of the second appellant
prosecution ought
respective charges
said yaw kyei
second accused
subject-matter of the first charge
subject-matter of the second charge
third appellant aside
third prosecution witness
trial court
young person

OSEI-HWERE J.: The appellants were jointly charged under sections 47 (1) and 57 of the Pharmacy and Drugs Act, 1961 (Act 64) (as amended by the Pharmacy and Drugs (Amendment) Act, 1963 (Act 222)), for possessing 41.00 grammes of Indian hemp. The second appellant was additionally charged under the same sections for possessing 1.33 grammes of Indian hemp. They were arraigned before the Circuit Court, Sunyani, and upon their trial, after they had pleaded not guilty, they were found guilty by the learned circuit judge and convicted on their respective charges. The first appellant was duly sentenced to a term of five years’ imprisonment with hard labour, the second appellant was sentenced to a term of seven years’ imprisonment with hard labour on the first count and to five years’ imprisonment with hard labour on the second charge—the sentences to run concurrently; the third appellant was sentenced to five years’ imprisonment with hard labour. The case against the appellants, which the pro…

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