Criminal Law Briefs

Appiah v The Republic

Court: Supreme Court of Ghana

Year: 1997

Principle(s): Criminal jurisdiction of Ghanaian Courts

Commissioner of Police v Bello

Court: Supreme Court of Ghana

Year: 1961

Principle(s): Cheating is not stealing, which is crime. (cheating is not). Cheating may be a public wrong, but still not a crime. Cheating may also be morally objectionable, but that alone does not make it a crime.

Debrah v The Republic

Court: High Court of Ghana

Year: 1991

Principle(s): It is indeed a fundamental right of every individual that he shall not be punished for any offences which had not been clearly set out and the punishment thereon equally laid down.

Hemans v Cofie

Court: Supreme Court

Year: 1997-98

Principle(s): Defaulting on repaying a debt is not a criminal offence, merely a breach of contract and the remedy lies in a civil suit; Police are not debt-collectors; A person cannot be arrested in place of another (e.g Arrest a son for the father's crime)

Republic v Yebbi and Avalifo

Court: Supreme Court of Ghana

Year: 1999-2000

Principle(s): Crimes as offences against the state; divisions of crime;

Dua v the State

Court: Court

Year:

Principle(s): Principal ingredient in an attempted murder is an intent to kill, which is a question of fact. Without the mens rea (intent) to kill, causing death to another is not murder.

Banousin v the Republic

Court: Supreme Court of Ghana

Year: 2014

Principle(s): Elements of rape; meaning of carnal knowledge

Ababio v The Republic

Court: High Court

Year: 1972

Principle(s): The same act can constitute two different offences, and punishment for each offence does not constitute double jeopardy. The appellant was customarily punished through destoolment, but can still be punished for his criminal offence of failing to attend a Traditional Council meeting.

Glah and Another v. The Republic

Court: High Court

Year: 1992

Principle(s): An act may be immoral and contrary to customary law, but this alone does not make it a crime.

Hassan v. The State

Court: Supreme Court

Year: 1962

Principle(s): A person shall not be punished for an offence under a repealed statute if the act happens after the repeal.

Essien v. The State

Court: High Court

Year: 1965

Principle(s): It is not the law that a person cannot be punished twice for the same act. The law is that a person cannot be punished twice for the same offence.

Republic v. Konkomba

Court: High Court

Year: 1979

Principle(s): If evidence is obtained in an improper man, the courts will not admit such evidence from the prosecution. This is to protect the liberties of suspects and discourage improper investigative methods.

British Airways & Another v. Attorney-General

Court: Supreme Court

Year: 1997-98

Principle(s): When a law defining an offence is repealed (without a saving provision) during trial and before conviction, the trial ought to be discontinued as there would be no written law under which the accused could be punished; Meaning of principles of legality per Acquah JSC

Foli VIII & 7 Others v. The Republic

Court: High Court

Year: 1968

Principle(s): What is approved by customary law may constitute a criminal offence.

Nokwe v. The Republic

Court: Court of Appeal

Year: 1999-2000

Principle(s): When a person has been wrongly convicted and the trial is declared null and void, the court will not order a retrial on appeal if the appellant has already been imprisoned for a long time, as doing so may cause the accused to punished twice (first punishment was from the wrong conviction, a second punishment may occur from a proper conviction).

Republic v. Jinadu

Court: West African Court of Appeal

Year: 1948

Principle(s): When a person has been convicted or acquitted by a body that is not a court of competent jurisdiction, he can be tried again by a court of competent jurisdiciton.

Thabo Meli v. R

Court: Privy Council

Year: 1957

Principle(s):

R. v. Charlson

Court: Court

Year: 1955

Principle(s): Automatism; Absence of mens rea would lead to a verdict of not guilty

R. v. Gibbins & Proctor

Court: Court

Year: 1918

Principle(s): Failing to act when one has a duty to act, can constitute the actus reus for a crime

DPP v Smith

Court: House of Lords

Year: 1951

Principle(s): Indirect intent

R v Instan

Court: Court

Year: 1893

Principle(s): An omission would constitute an actus reus for an offence when a person has a duty to act yet they fail to act.

R v Pittwood

Court: Court

Year: 1902

Principle(s): Contractual obligations can give rise to a duty to act to prevent harm

R v Malcherek and Steel

Court: Court

Year: 1981

Principle(s): An accused would be held to have caused an event if his acts are the operating and substantial cause of the harm suffered by the victim. Novus actus interveniens

R. v. Michael

Court: Court

Year:

Principle(s): Causing an event through an involuntary agent does not make the involuntary agent responsible for causing the event. Rather, the event is said to be caused by the party that caused the involuntary agent to cause the event. A child, animal, is an involuntary agent

R v Smith

Court: Court

Year: 1959

Principle(s): Legal causation: operating and substantial cause. For the chain of causation to be broken, the new intervening act must be of such nature to overshadow the initial act.

R v Blaue

Court: Court

Year: 1975

Principle(s): Take your victim as you find them. The personal beliefs of a person which causes death after an initial wound, does not break the chain of causation.

R v Yeboah

Court: Court

Year: 1974

Principle(s): A person can only be guilty for an event if he caused the event

Twum v. The Republic

Court: Court of Appeal

Year: 1967

Principle(s): It is not sufficient to prove that the act of the accused person could have caused death; the evidence must show that the act of the accused did cause the death of the deceased or accelerated his death, and it must also exclude the possibility of’ death having been due to some other cause.

Sarimbe Alias Olala v. The Republic

Court: Court of Appeal

Year: 1984-86

Principle(s): In order to show causation, the prosecution must present evidence to show that the acts of the accused actually caused the death of the deceased. If the evidence is such that it leaves room for other possible causes of death, the prosectution would have failed in establishing causation.

R. v. Saunders

Court: Court

Year: 1573

Principle(s): Causing an event through an involuntary agent. Transferred intent

R v Benge

Court: Court

Year: 1865

Principle(s): When deciding causation, the law ignores insignificant acts. de minimis non curat lex. The act of the accused must be the substantial cause of the event

R v. Hayward

Court: Court

Year: 1908

Principle(s): Take your victim as you find them. A victim’s unknown medical condition does not break the chain of causation

R v Roberts

Court: Court

Year: 1971

Principle(s): Acts that are reasonably foreseeable do not break the chain of causation.

R v Holland

Court: Court

Year: 1841

Principle(s): But for test to establish causation. Refusal to accept medical treatment does not break the chain of causation

Regina v Gyamfi

Court: Court of Appeal

Year: 1960

Principle(s): The distinction between murder and manslaughter is the intent with which an act which caused death was done; Intent may (in some cases) be determined by a consideration of circumstantial evidence.

Sene and Another v The Republic

Court: Court of Appeal

Year: 1977

Principle(s): Intention to kill may be inferred from circumstances such as the weapon used. The fact that a person starts a fight does not mean they have an intention to kill.

Ametewee v. The State

Court: Supreme Court

Year: 1964

Principle(s): Transferred intent

Odupong v. Republic

Court: Court of Appeal

Year: 1992-93

Principle(s): Weapon used to kill may be taken as evidence of an intention to kill. A gun is a lethal weapon and if shot at another, is evidence of an intention to kill

Adekura v. The Republic

Court: Court of Appeal

Year: 1984-86

Principle(s): Reckless intent; Section 11(3) of Act 29

Akorful v. State

Court: Supreme Court

Year: 1963

Principle(s): Subjective test for assessing intent of an accused.

Iddrisu Gonja v The State

Court: Supreme Court

Year: 1964

Principle(s): Intent to cause harm is not the same as an intent to cause death (different types of intent); difference between murder and manslaughter in Ghana.

R v Prince

Court: Court

Year: 1875

Principle(s): Certain crimes do not require proof of mens rea or intention. These are strict liability offences

R v. Woollin

Court: House of Lords

Year: 1999

Principle(s): Indirect intent. Virtual certainty test

R v Latimar

Court: Court

Year: 1886

Principle(s): Transferred intent/malice

Serechi and Another v The State

Court: Supreme Court

Year:

Principle(s):

Kpebu v. Attorney General (Kpebu No. 2)

Court: Supreme Court

Year: 2015

Principle(s): All persons suspected of committing a crime are presumed innocent under article 19(2)(c) of the 1992 Constitution. Consequently, they should not suffer punishment until their guilt is established.