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AMADU SUMAILA V. THE REPUBLIC

(2016) JELR 64861 (CA)

Court of Appeal  •  SUIT NO: H2/8/2015  •  28 Jul 2016  •  Ghana

Coram
M. OWUSU J.A. (PRESIDING), DORDZIE J.A., GYAN J.A.

Judgement

MARIAMA OWUSU, (J.A.):

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.

Dissatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal on the following grounds:

1. (a) His Lordship should have thoroughly considered the repentant state of mind and heart of the appellant and reduced the sentence to the minimum.

(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.

(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.

(d) The sentence of 15 years is excessive

2. The sentence is excessive.

Before dealing with the merits of this ap…

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