HALIO GERVASIO ROSERO CASTLLO V. THE REPUBLIC

JUDGMENT

DOTSE, JSC:-

The appellant herein was charged and tried jointly with two others, (namely Joel Mejia Duarte Moises (A1) and Vasquez Gerardo Duarte David (A3) at large) on three counts, convicted and sentenced by the trial High Court presided over by Ayebi J, (as he then was) on 13th day of April 2007 and sentenced to 20 years IHL on all counts to run concurrent.

The three counts which the appellant and the others referred to supra faced are the following;-

COUNT 1

Conspiracy to import Narcotic Drugs without licence issued by the Minister of

Health contrary to Section 23 (1) of Act 29/60 and Section 1 (1) of PNDCL 236.

COUNT 2

Importation of Narcotic Drugs without lawful authority contrary to section 1 (1) of the Narcotic Drugs (Control Enforcement and Sanctions) Act, 1990, PNDCL 236.

COUNT 3

Conspiracy to commit crime namely possessing Narcotic Drugs contrary to

Section 23 (1) of the Criminal Act, Act 29, (1960) and Section 2 of PNDCL 236.

BRIEF FACTS

The facts of this case admit of no con…