Ghana Criminal Law: Offences & Sources

Classification of offences based on mode of trial

• By summary involve only judges
• By indictment involve jury
• Road traffic offences are criminal but the sanction is a fine

Sources of Ghana Criminal Law

• The laws that give validity to criminal laws
• Written materials
• Judicial precedents
• Sources are agencies by which rules of conduct acquire the character of law by becoming objectively defined

Article 11

• Ghana's laws comprise:
  • The Constitution
  • Enactments made by the Parliament
  • Orders/rules by persons conferred with authority by constitution
    • executive instruments
    • legislative instruments
    • constitutional instruments
    • EC makes laws
  • Existing law
  • Common law, derived from the British

Constitution Offences

• High Treason

• High Crime

• Treason

• Civil law deals with wrongs against individuals

• Criminal laws are offences against the state

• One can petition, writ or motion to make an application to the court

Classification of Offences

• Crimes that are inherently wrong
  • mala in se
  • Crimes that everyone knows, without being told, are wrong, the sanity of the individual is assessed
• Mala prohibita
  • Crimes that in itself are not offences but the law has stated as criminal by jurisdiction
  • Example: driving at the wrong side of the road

Offences Based on Hierarchy

• Offences punishable by death: e.g. Treason

• First-degree felony e.g. murder, rape

• Second-degree felony e.g. stealing, unlawful harm to a person, threat of death, misdemeanors

• Misdemeanors e.g. public nuisance

  • Punishment doesn't usually go beyond 2 years

• A crime is a legal wrong that's followed by criminal proceedings which results in punishments

• Something is criminal if when carried on to completion will result in conviction and sentencings as declared by the state

• There must be:

  • A prohibited act
  • Prohibited by a statue
  • Provision of penal consequences for breach

What a crime means:

• Is an acts of commission or omission that is injurious to the public
• The prohibition must be made under a statute in force; also with definition of the crimes
• Criminal law falls under public law

Purpose of Criminal Law

• To protect citizens
• To regulate the activities of individuals
• To protect our properties
• To protect the weak from the strong
• Maintenance of public order and morality
• Protection of the economy
• To comply with international obligations

Explores the classification of offences in Ghana based on mode of trial including summary and indictment. Examines sources of criminal law, including written materials, judicial precedents, and Article 11 of the Constitution. Outlines constitution offences, differentiating criminal from civil law.