This note discussed criminal law in terms of meaning, scope and functions, sources of criminal law, and some basic and frequently used terms in criminal law especially in the Ghanaian context.
This note defines various terms and explains concepts commonly used in criminal law that are essential to understanding subsequent discussions of the subject.
This note defines crime and discusses its three requirements.
This note discusses the relationship between crime, morality, and customary wrongs. The note emphasises that while morality and customs can form the basis for making an act a crime, what is immoral or customarily prohibited is not a crime until the state takes steps to make it so.
In previous notes, we emphasised that an act does not constitute a crime unless a written law enacted by the State prohibits it. In this note, we will explain that the state’s power to define crimes is not unlimited and that it must adhere to the principle of legality when doing so.
This note discusses the circumstances in which Ghanaian courts are conferred with jurisdiction in relation to criminal matters.
This note will discuss the meaning of double jeopardy and how it prevents a person from being tried again for an offence after he has already been tried and convicted or acquitted for that offence.
This note defines criminal liability, the categories of offences under which a person may be criminally liable, and other components of criminal liability.
This note introduces actus reus as an element of crime in the Ghanaian context
This note discusses the circumstances under which a person has a duty to act to prevent harm to others. These circumstances are an exception to a general rule that failing to act to prevent harm to another is not criminal.
This note discusses the concept of causation under actus reus
This note examines the provisions on causation in Ghana per the provisions in Act 29
This note discusses the special provisions relating to causing death per the provisions of section 64 of Act 29.
In this note, we provide an overview of mens rea by defining it, explaining that it must generally coincide with the actus reus for a person to be criminally liable, and outlining the types of mens rea under Ghanaian criminal law.
In a previous note, we noted that intent is the most common form of mens rea. In this note, we will explain the meaning of intent, distinguish intent from motive, discuss basic and specific intent, explain how intent is proved, and highlight the statutory provisions on intent under the Criminal Offences Act, 1960 (Act 29). The highlighted statutory provisions will be discussed extensively in subsequent notes.
In a previous note, it was noted that Section 11 of the Criminal Offences Act, 1960 (Act 29) sets out various provisions on intent. The provision covers direct intent, oblique intent, presumption of intent, indeterminate intent, and transferred intent. They are now discussed.
This note briefly discusses the grounds for which a person is exempted from criminal liability.
This note discusses who an infant is and how infancy serves as a basis for exemption from criminal liability.
This note provides a brief overview on insanity as a basis for exemption from criminal liaiblity.
Case law has made various clarifications on when insanity would be upheld as a defence, how to prove insanity, and the effect of insanity, inter alia. This note discusses those clarificaitons
This note discusses automatism as a defence under common law that can exempt an individual from criminal liability.
This note discusses the legal principles on intoxication as an exemption from criminal liability in the Ghanaian context.
This note will discuss the nature of consent, how it operates to absolve a person of criminal liability, and factors that render consent void
In a previous note, we discussed consent as a defence. In this note, we will discuss the limits placed on the use of consent as a defence.
This note will discuss the defence of justifiable force and harm in terms of its nature, its general limits, and the several grounds on which force or harm is justified.
This note will discuss the meaning of an alibi, its effect, and how an accused can put forward the defence of alibi.
This note will discuss the meaning of inchoate offences, the rational for inchoate offences, and highlight the types of inchoate offences in Ghana.
This note will discuss the meaning of an attempt to commit a criminal offence, its criminalisation in Ghana, the mens rea and actus reus of an attempt to commit a criminal offence, and attempts that constitute substantive offences
This note discusses preparation to commit a crime as an inchoate offence in the Ghanaian context
This note will discuss the meaning of abetment of a criminal offence, its essential characteristics and principles, and its mens and actus reus.
This note explains the meaning of conspiracy, amendment in the definition of a conspiracy in Ghana, among others.
This note discusses essential principles applicable to the offence of conspiracy.
This note discusses manslaughter as a criminal offence in Ghana.
This note examines the meaning of manslaughter as provided for in section 51 of Act 29
This note examines the factors that will cause murder to be reduced to manslaughter
This note discusses when negligence which results in death will be considered manslaughter.
This note provides an overview of various sexual offences in Ghana.
This note discusses rape as a Sexual Offence in Ghana. Essentially, it examines the meaning of rape and it's elements.
This note discusses the offence of defilement, it's elements, how it differs from rape, among others
Indecent assault is a sexual offence in Ghana involving contact with another in a sexual manner and will be discussed in this note in terms of its meaning, elements, and punishment.
This note will discuss the meaning of stealing in light of its elements and discuss each element into detail.
This note will briefly discuss when a person who finds a thing can be said to have stolen that thing.
This note will discuss the elements of the offence of fraudulent breach of trust.
This note will discuss the meaning and elements of the offence of defrauding by false pretence.
This note will discuss the elements of the offence of dishonestly receiving property.
This note will discuss the elements of the offence of falsification of accounts.