OWUSU (MS) JSC
This is an appeal against the Judgment of the Court of Appeal reducing a sentence of 15 years I. H. L imposed on the Appellant to 12 years I. H. L.
The Appellant was charged with five (5) others on two counts of conspiracy to commit crime contrary to section 23 (1) of the criminal offences Act of 1960 and possessing Narcotic Drug without lawful authority contrary to section 2 (1) of the Narcotic Drugs (control, enforcement and sanctions ) Act of 1990.
The Appellant who initially pleaded not guilty to both counts, changed his plea to guilty on count one (1) and guilty with explanation on count two (2).
He was represented by counsel who informed the court that the “guilty with explanation” plea was not to offset a plea of not guilty but only a mitigating plea.
The court accordingly convicted him on his plea and adjourned the case for sentencing of the Appellant after his counsel has put in a plea for mitigation.
When the court came to sentence the Appellant, this is wha…