Quiz on Murder in Ghana

1. In which of the following cases was it said “In our view, not every unlawful act of an accused which results in death is murder, unless there is clear evidence which shows that the accused also intended death to result from the unlawful harm or the circumstances are such that a reasonable man would realise that his act might cause serious and fatal bodily hurt, and the degree of the probability or possibility of that type of harm resulting in death was apparent to him but he is indifferent or reckless as to the result.”

2. In deciding that a child is a person for the purpose of murder, Act 29 provides that all the following are not necessary except

3. In which of the following cases was it established that the seriousness of the injuries can reveal an intention to kill?

4. “Murder is first and foremost manslaughter plus something more.”

5. A woman strangled her baby to death with a string whilst it was still being born. The effect of this is that:

6. In the case of …………………….., the Court of Appeal held that an intention to kill may be inferred from: “The instrument or weapon used in killing or the manner in which the harm from which death results is inflicted. It ought not simply to be inferred from a consideration of who began the fight...”

7. The mens rea for murder is: unlawful harm intentionally inflicted, with a further intent that the unlawful harm should cause death.

8. In the definition of murder in Act 29, murder can be reduced to manslaughter ……….

9. The case of …………….. is authority for the principle that a child is a being or a person even if the umbilical cord has not been cut.

10. Which of the following is not an element of murder?

11. At what point may a child be considered a person for the purposes of murder?

12. In the case of ………………….. the Court of Appeal said: “a gun is a lethal instrument which if fired at a person when loaded will most probably bring about the death of the person. The appellant knew it was loaded because it was he who loaded it. When he aimed and fired it, he must be deemed to have known for certain that the inevitable consequence of firing the gun at Asantewaah was to bring about her death”

13. One of the elements of murder is that the death of the victim was caused by unlawful harm. In ………………, unlawful harm is defined as “harm is unlawful which is intentionally or negligently caused without any of the justifications mentioned in Chapter One of this Part”

14. Under the Criminal Offences Act, 1960 (Act 29), the definition of murder is provided for in ……..

15. Every unlawful act of an accused which results in death is murder.

16. Without lawful justification, Kofi, with an intention to kill, shot and killed his pet dog. The act of causing the death of the dog with an intention to kill amounts to murder.

17. Ann’s boyfriend, intending to harm Ann, stabbed her in the stomach while she was pregnant with her first child. Some harm was caused to the child, but he was born alive. However, 11 months later, the child died from the harm caused to it while it was in the womb. Comment.

18. Murder may be defined as the killing of a person with malice aforethought

19. The case of A-G Ref NO. 3 OF 1994 [1997] 3 All ER 936 is authority for the proposition that “It is murder or manslaughter, to cause death to happen to a child after it becomes a person, within the meaning of this section, by means of harm caused to it before it became a person.”

20. Which of the following cases is authority for the principle that a person is dead if his brain stem dies?

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