Legal Notes

Offences in relation to narcotic drugs are regulated by the Narcotic Drugs (Control, Enforcement and Sanctions) Act, 1990 (PNDCL 236). In addition, Ghana is a signatory to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, and is obliged to enact laws to implement the provisions of the Convention. PNDCL […]

UNLAWFUL DAMAGE This is what is usually referred to as arson, and it is committed in relation to movable or immovable property. According to Section 172(1), causing damage to property the value of which damage does not exceed GHC100 or without a pecuniary value is a misdemeanor. Causing damage to property the value of which

These offences may be categorized in two main groups – There are the acquisitive offences – in the sense of the acquisition of items – these offences involve dishonesty. Then there are offences involving damage or destruction of items STEALING By Section 124(1), a person who steals commits a second degree felony. By definition, Section

CAUSING HARM This offence is governed by Section 69 of Act 29. Section 1 defines harm to be a bodily hurt, disease, or disorder whether permanent or temporary. In this respect, the skin of the victim must be broken but this does not need to amount to grievous bodily harm. Also, inflicting a disease or

ASSAULT Assault in criminal law is wider than in civil law, where assault is merely descriptive of psychological discomfort by an apprehension of unpermitted contact. Criminal assault includes assault simpliciter, battery, and unlawful detention. Act 29, assault may be one of three things: ⦁ assault and battery ⦁ assault without actual battery; and ⦁ imprisonment

SEXUAL OFFENCES These are offences covering all acts with sexual connotations, which are either without the consent of the other party, or with the consent of the other party but considered inimical to public health or public morality, engaged in for pleasure, gratification or to obtain a commercial benefit. These include: rape, defilement, sodomy, bestiality,

These are made of crimes involving physical harm to the body of a person. They range from attempting to make unpermitted physical contact with a person, through the slightest of contacts, through contact of a sexual nature, up to extinguishing the life of a person. HOMICIDE This refers to the killing of a person and

Inchoate offences are offences which basically are incomplete offences. It is twofold: a. a person sets out to commit an offence but is unable to complete it. Also, it describes offences which precede the commission of the substantive offence. b. a person does the act constituting the offence but the results are not achieved. Eg.

Defences are excuses or extenuating circumstances (i.e. factors that make an accused person’s actions excusable or less blameworthy) – that is defences operate to either excuse an accused from liability or limit his liability. They can be partial or complete. A complete defence operates to totally exculpate the accused from liability. While a partial defence

This is governed by section 26 and 57 of ACT 29. SECTION 26 OF ACT 29 For the purposes of the criminal law a person under twelve years of age is incapable of committing a criminal offence.(doli incapax) ILLUSTRATION If A, aged eleven years administers poison to B., A is not criminally responsible and is