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ELLIS TAMAKLOE V. THE REPUBLIC.

(2011) JELR 106899 (SC)

Supreme Court  •  CM. NO: J7A/1/2010  •  20 Jan 2011  •  Ghana

Coram
ATUGUBA, J.S.C. (PRESIDING) ANSAH, J.S.C. ADINYIRA (MS), J.S.C. DOTSE, J.S.C. YEBOAH. J.S.C. BONNIE, J.S.C. ARYEETEY, J.S.C

Judgement

R U L I N G



ATUGUBA, J.S.C:


The applicant was convicted by the High Court (Fast Track Division) Accra of two charges of attempted exportation and possession of a narcotic drug, namely Cannabis Sativa weighing 695 grammes and sentenced to a minimum mandatory sentence of 10 years IHL on each count to run concurrently.  His appeals to the Court of Appeal and to this court were dismissed.


The applicant now applies for review of this court’s ordinary decision on the grounds that;

“(a) The Supreme Court occasioned a grave miscarriage of justice in its interpretation and application of the nature and quality of circumstantial evidence used in convicting an accused person.

(b)   The Supreme Court inadvertently fell into grave error in its consideration of the requisite mental blameworthiness for convictions under Section 2 of the Narcotic Drug (Control Enforcement and Sanctions) Law, 1990 (PNDCL 236), resulting in a grave miscarriage of justice.”  


In his supplementary statement of case he identi…

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