AN ACT to consolidate and amend the law relating to criminal offences.
PART ONE – General Provisions
CHAPTER ONE – Preliminary Matters
1. Interpretation
In this Act, unless the context otherwise requires, “administer”, when used with reference to administering a substance to a person, means causing the substance to be taken or introduced into a part of a person’s body, whether with or without the knowledge or consent of that person; “cattle” means the male, female, or young of an animal of the following kinds, namely, horse, ass, mule, kine, sheep, goat, or swine, and an animal, other than a dog, which is ordinarily kept or used as a beast of burden, or for draught, or for riding, or for the production of wool or of hair; “citizen” means a citizen of Ghana; “corporation” does not include a corporation sole; “criminal offence” has the meaning assigned to it by article 19 of the Constitution; “deliver” includes causing a person to receive a thing and permitting a person to take a thing, whether directly or by any other person; “duress” means force, harm, constraint, or threat, used with intent to cause a person against that person’s will to do or to abstain from doing an act; “Engineer-in-Chief of Public Works” includes an assistant engineer, a district or an assistant district engineer, an inspector, a sub-inspector, a foreman of works, a surveyor, an assistant surveyor, or a foreman of roads; “export” means export from the Republic; “felony”, “first degree felony” and “second degree felony” shall be construed in accordance with section 296 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30); “gaoler” means the keeper or other officer having the charge of a prison; “harm” means a bodily hurt, disease, or disorder whether permanent or temporary; “health officer” includes the Chief Medical Officer, any other medical officer, and a person appointed as health officer; “import” means to import into the Republic; “indictable offence” means an offence punishable on indictment; “judicial proceeding” includes a civil or criminal trial, and an enquiry or investigation held by a judicial officer in pursuance of a duty or an authority; “jury” includes a Justice in cases where a judge, whether with or without assessors, tries a case without a jury; “Minister” means Minister responsible for Justice; “misdemeanour” shall be construed in accordance with section 296 of the Criminal and other Offences (Procedure) Act, 1960; “night” means the time between the hour of seven in the evening of a day and the hour of six in the following morning; “order” includes a conviction; “peace officer” means a person who is, or is acting as, a constable or special constable, or lawfully acting in aid of a constable or special constable; “person”, for the purposes of a provision of this Act relating to defrauding a person or to committing a criminal offence against the property of a person, includes the Republic; and expressions referring to the “public” refer not only to the citizens of the Republic as a whole, but also
(a) to the persons inhabiting or using a particular place, or a number of those persons, and
(b) to indeterminate persons as happen to be affected by the conduct with reference to which the expressions are used;
“public place” includes a public way and a building, place, or conveyance to which the public are entitled or permitted to have access, without a condition of making a payment, or on condition of making a payment, and a building or place which is used for a public or religious meeting or assembly, or as an open Court; and acts are done “publicly”
(a) if they are done in a public place as are likely to be seen by a person, whether that person is or is not in a public place; or
(b) if they are done in a place, which is not a public place, but are likely to be seen by a person in a public place; “public way” includes a highway, marketplace, lorry park, square, street, bridge, or any other way which is lawfully used by the public; “send” includes causing or attempting in any manner to cause a thing to be received by a person; “summary offence” means a criminal or any other offence punishable on summary conviction under an enactment; “town” means
(a) the area of authority of a Municipal or Urban Council;
(b) a place to which the Towns Act applies; or
(c) a place, whether a town or not, which the Minister may, by executive instrument, determine to be a town; “vehicle” includes a cart, bicycle, tricycle, and any other carriage on wheel; “will” when used with respect to a document, means a testamentary document, whether the document is formal or informal, complete or incomplete.
2. Company and its officers
(1) A company, includes a partnership or an association whether corporate or unincorporated, and whether the purposes are or are not the carrying on of a trade or business, and whether it is in the course of formation or is actually formed, or is in the course of dissolution, winding-up or liquidation.
(2) A company is in the course of formation as soon as an act is done for the purpose of forming it; and it is immaterial whether or not it is at any time actually formed.
(3) In relation to a company or a corporation
(a) “officer” includes an auditor, accountant, officer, a chairman, director, trustee, manager, secretary, treasurer, cashier, clerk, or any other person provisionally, permanently, or temporarily charged with a duty or performing a function in respect of the affairs of the company or corporation, whether for or without remuneration;
(b) “account” includes a book, register, balance sheet, or document in writing relating to the affairs of the company or corporation, whether those affairs are or are not the ordinary business or object of the company or corporation.
3. Definition of public officer
(1) The expression “public officer” shall be construed by reference to the definition of “public office” in article 295 of the Constitution, and for the purposes of this Act, includes a person holding an office by election or appointment under an enactment or under powers conferred by an enactment.
(2) A person acting as a minister of religion or as an ecclesiastical officer, of a denomination, is a public officer where that person performs functions in respect of the notification of intended marriage, or in respect of the solemnisation of marriage, or in respect of the making or keeping of a register or certificate of marriage, birth, baptism, death, or burial, but not in any other respect.
(3) For the purposes of this Act, (a) “civil office” means a public office in the Armed Forces; (b) “judicial officer” means the holder of a judicial office as defined in article 161 of the Constitution.
(4) It is immaterial, for the purposes of this section, whether a person is or is not entitled to a salary or any other remuneration in respect of the duties of office.
(5) The expression “public election” shall be construed by reference to article 49 of the Constitution, and includes an election the qualification for voting at which, or the mode of voting at which, is determined or regulated by an enactment.
4. General rules of construction
(1) This Act shall not be construed strictly, either as against the Republic or as against a person accused of a criminal offence, but shall be construed amply and beneficially for giving effect to the purposes of this Act.
(2) In the construction of this Act, a Court is not bound by a judicial decision or opinion on the construction of any other enactment, or of the common law, as to the definition of a criminal offence or any other offences or of an element of a criminal offence or of any other offence.
(3) The illustrations set out in this Act form part of this Act and may be used as aids to its construction, but they do not limit the generality of a provision of this Act.
5. Application of Part One to other offences: Where under a provision of a law other than this Act, an offence is created, this Part shall apply, except where a contrary intention appears, to the offence as it applies to a criminal offence under this Act.
6. Jurisdiction of territorial waters : Repealed.4(4)
7. Acts done partly beyond the jurisdiction: Repealed.5(5)
8. Exclusion of the common law: A person is not liable to punishment by the common law for an act.
9. Offences under more than one enactment
(1) Subject to article 19 of the Constitution, where an act constitutes a criminal offence or an offence under two or more enactments, the offender is liable to be prosecuted and punished under either of the two, or any of those enactments, but the offender shall not be punished twice for the same offence, criminal or otherwise.
(2) Subsection (1) does not affect a right conferred by an enactment on a person to take disciplinary measures against the offender in respect of the act constituting the offence.
10. Saving for contempt of court: This Act does not affect the power of a Court to punish a person for contempt of Court.
CHAPTER TWO – General Explanations
11. Intent
(1) Where a person does an act for the purpose of causing or contributing to cause an event, that person intends to cause that event, within the meaning of this Act, although in fact, or in the belief of that person or both in fact and also in that belief, the act is unlikely to cause or to contribute to cause the event.
(2) A person who does an act voluntarily, believing that it will probably cause or contribute to cause an event, intends to cause that event, within the meaning of this Act, although that person does not do the act for the purpose of causing or of contributing to cause the event.
(3) A person who does an act of a kind or in a manner that, if reasonable caution and observation had been used, it would appear to that person
(a) that the act would probably cause or contribute to cause an event, or
(b) that there would be great risk of the act causing or contributing to cause an event, intends, for the purposes of this section, to cause that event until it is shown that that person believed that the act would probably not cause or contribute to cause the event, or that there was not an intention to cause or contribute to it.
(4) A person who, intending to cause an event with respect to one or any of several persons or things, or to an indeterminate person or thing as may happen to be affected by the event, causes the event with respect to that person or thing, and is liable in the same manner as if the intention has been to cause the event with respect to that person or thing.
(5) A person who does an act with intent to assault, harm, kill, or cause any other event to a particular person, which act takes effect, whether completely or incompletely, against a different person, is liable to be tried and punished as if the intent had been directed against that different person.
(6) For the purposes of subsection (5), a ground of defence or extenuation is admissible on behalf of the accused person which would have been admissible if the act had taken effect against the person in respect of whom, or the thing in respect of which, the accused person intended it to take effect.
Illustrations
Subsection (1) A discharges a gun for the purpose of shooting B, and actually hits B. It is immaterial that B. was at a distance, or in a situation where the shot would most probably miss B.
Subsection (2) A, for the purpose of causing the miscarriage of B, administers to B a medicine which A knows to be dangerous to life. It is immaterial that A earnestly desires to avoid causing B’s death, and uses every precaution to avoid causing it.
Subsection (3) A discharges a gun among a crowd of persons, and one of them is shot. A may be presumed to have intended to cause harm, unless A can show that A had ground for believing that harm would not be caused.
Subsection (4) A, in the last illustration, is punishable as if A had purposed to cause the harm to the person to whom it was in fact caused.
Subsection (5) A unlawfully strikes at B, but the blow happens to miss B, and to hit a constable. A is punishable as if A had purposed to hit the constable.
12. Negligence
A person causes an event negligently, where, without intending to cause the event, that person causes it by a voluntary act, done without the skill and care that are reasonably necessary under the circumstances.
Illustrations
1. A, a woman who does not have knowledge of midwifery, acts as a midwife, and through her want of skill she causes death. Here, if A knew that a properly qualified midwife or surgeon could be procured, the fact of A so acting without possessing proper skill and without a necessity for so acting, is evidence of negligence, although it appears that she did her best.
But if the emergency was sudden, and a properly qualified midwife or surgeon could not be procured, A has not acted negligently, provided she did the best she could under the circumstances.
2. A chemist sells poison so made up as to be liable to be mistaken for a harmless medicine. This is evidence of negligence.
3. If the law directs poisons to be sold only in bottles of a particular kind, and the chemist sells poison in a common bottle, this is evidence of negligence, even though the common bottle is labeled “Poison”.
4. A, knowing a horse to be dangerously vicious, rides it through a crowd, and it becomes excited by the noise and throng, and kicks B. A is negligent within the meaning of this section, although A had and used all possible skill in riding.
5. An acrobat carries a child on a tight-rope at a great height. The acrobat happens to miss a foot and the child is killed. The acrobat has acted negligently, although the acrobat had used all possible skill in rope-walking.
13. Causing an event
(1) A person who intentionally causes an involuntary agent to cause an event, shall be deemed to have caused the event.
(2) For the purposes of subsection (1), “involuntary agent” means an animal or any other thing, and also a person who is exempted from liability to punishment for causing the event, by reason of infancy, or insanity, or otherwise, under a provision of this Act.
(3) Where an event is caused by the acts of several persons acting jointly or independently, each of those persons who intentionally or negligently contributed to cause the event has, for the purposes of this Act, and, subject to subsections (4) and (5) and to the provisions of this Part with respect to abutment, caused the event; but a matter of exemption, justification, extenuation, or aggravation which exists in the case of any one of those persons shall have effect in favour of that one person, whether it exists or not in the case of any of the other persons.
(4) A person shall not be convicted of having intentionally or negligently caused an event if, irrespective of the act of that person and the acts of any of the persons acting jointly with that person, the event would not have happened but for the existence of a state of facts, or the intervention of any other event or of any other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration, and did not have a reason to take into consideration.
(5) Subsection (4) does not apply where a person is charged with having caused an event by an omission to discharge a duty for averting the event.
(6) A person beyond the jurisdiction of the Courts, who causes a voluntary agent to cause an event within the jurisdiction, shall be deemed to have caused the event within the jurisdiction.
(7) Subject to this section, and to the special provisions of a particular section of this Act, it is a question of fact whether an event is fairly and reasonably to be ascribed to a person’s act as having been caused by that act.
(8) A person shall not, by reason of anything in this section, be relieved
(a) from a liability in respect of an attempt to cause an event; or
(b) from a liability in respect of a negligent conduct, if the negligent conduct is punishable under this Act irrespective of whether it actually causes an event.
Illustrations
Subsection (1)
1. A gives poisoned sweetmeats to a child, who eats some and gives the rest to other children. A has poisoned the first child and the other children.
2. A induces a child under twelve years to steal a thing for A. A has stolen the thing.6(6)
3. A induces a madman to kill himself. A has killed the madman.
4. A causes a dog to harm B. A has caused the harm to B.
Subsection (3): A railway collision is caused partly by the neglect of A, a station master, to signal a train; partly by the neglect of B, a pointsman, to arrange the points; partly by the carelessness of C, D, E, and F, the drivers and guards of the train. A, B, C, D, E, and F, have each caused the collision, although it would not have happened if any one of them had used proper skill and care.
Subsection (4): 1. A rides a vicious horse in a crowd. B wantonly strikes the horse, and it kicks C. In this case, B, and not A, has caused the harm to C.
2. A, who is a signal-man improperly leaves his post. B, who is a trespasser, in A’s absence unlawfully alters the signals, and a collision ensues. A is punishable as for having negligently caused the collision by omission to attend to his duty. B is also punishable for having intentionally or negligently caused the collision.
Subsection (6): A, in Lagos, posts a letter to B in Accra, borrowing money from B on the credit of a cargo which A by the letter falsely represent that A has shipped for B. B sends the money on the faith of the representation. A has defrauded B in Accra.
Subsection (8): A shoots from a distance at B who is on horseback, with the intent to maim B. B’s horse is startled by the shot and throws B, who is killed by the fall. Here, by reason of the rule in subsection (4), A cannot be convicted of having intentionally or negligently killing B (unless A expected, or had reason to expect, that B’s horse would be startled). But A is punishable for the attempt to kill B.
14. Consent
In construing a provision of this Act where it is required for a criminal act or criminal intent that an act should be done or intended to be done without a person’s consent, or where it is required for a matter of justification or exemption that an act should be done with a person’s consent,
(a) a consent is void if the person giving the consent is under twelve years of age, or in the case of an act involving a sexual offence, sixteen years, or is, by reason of insanity or of immaturity, or of any other permanent or temporary incapability whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which the consent is given;7(7)
(b) a consent is void if it is obtained by means of deceit or of duress;
(c) a consent is void if it is obtained by or under the exercise of an official, a parental, or any other authority; and the authority which is exercised other-wise than in good faith for the purposes for which it is allowed by law, is for the purposes of this section, a power unduly exercised;
(d) a consent given on behalf of a person by the parent, guardian of that person, or any other person authorised by law to give or refuse consent on behalf of that person, is void if it is not given in good faith for the benefit of the person on whose behalf it is given;
(e) a consent does not have effect if it is given by reason of a fundamental mistake of fact;
(f) a consent is, for the purposes of this section, obtained by means of deceit or duress, or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for the deceit, duress, exercise of authority, or mistake;
(g) the exercise of authority, for the purposes of this section, is not limited to the exercise of authority by way of command, but includes influence or advice purporting to be used or given by virtue of an authority;
(h) a person shall not be prejudiced by the invalidity of a consent if that person did not know, and could not by the exercise of reasonable diligence have known, of the invalidity.
Illustrations
1. A induces a person in a state of incapacity from idiocy or intoxication, or a child under twelve years of age to consent to the hair of that person being cut off by A. The consent is void.8(8)
2. A by pretending to have the consent of a child’s father, or under pretence of medical treatment, or by threats of imprisonment, induces a child to consent to sexual intercourse. The consent is void.9(9)
3. A cruelly beats a child. It is not a defence for A that the child’s father authorised the beating, or that the child’s father, by the exercise of parental authority, induced the child to consent.
4. A the chairman of a company, consents to B drawing money from the company to which A knows B does not have a right. If A does not honestly believe that the action is in the interest of the company the consent is void, and B commits the criminal offence of stealing unless B has acted in good faith.
5. A induces a woman to consent to having carnal knowledge of her by personating her husband. Her consent is void.
15. Claim of right – A claim of right means a claim of right made in good faith.
16. Fraud
For the purposes of a provision of this Act, where a forgery, falsification, or any other unlawful act is punishable if used or done with intent to defraud, an intent to defraud means an intent to cause, by means of the forgery, falsification, or the other unlawful act, a gain capable of being measured in money, or the possibility of that gain to a person at the expense or to the loss of any other person.
Illustrations
1. A unlawfully alters B’s will so as to increase or reduce the amount of the legacy left by B to C. Here A commits the criminal offence of forgery with intent to defraud although A may not have an interest in the matter.
2. A unlawfully alters the date on a bill of exchange, for the purpose of postponing the time at which A or any other person may be called upon to pay it. Since the postponement may be a gain to A or to the other person, A commits the criminal offence of forgery with intent to defraud.
3. A forges B’s signature to a deed, not for the purpose of gain to A or to any other person, but for the purpose of falsely charging C with the forgery. Here A has not committed forgery with intent to defraud, but A is liable to be punished for fabricating evidence.
17. Meaning and use of threats
(1) In this Act, unless the context otherwise requires, “threat” means
(a) a threat of criminal force or harm, or (b) a threat of criminal damage to property, or (c) a threat of libel or of slander, or (d) a threat that a person shall be prosecuted on a charge of having committed an offence, whether the alleged offence is punishable under this Act or under any other enactment, and whether it has or has not been committed, or (e) a threat that a person shall be detained. 10 (10)
(2) An expression in this Act referring to a threat includes an offer to abstain from doing, or to procure any other person to abstain from doing, anything the threat of which is a threat under subsection (1).
(3) It is immaterial whether the matter of the threat will be executed by the person using the threat or against or in relation to the person to whom the threat is used, or by, or against, or in relation to any other person.
(4) It is immaterial whether a threat or offer is conveyed to a person by words, or by writing, or in any other manner, and whether it is conveyed directly, or through any other person, or in any other manner.
CHAPTER THREE
Attempts to commit Criminal Offences
18. Attempt to commit a criminal offence
(1) A person who attempts to commit a criminal offence shall not be acquitted on the ground that the criminal offence could not be committed according to the intent
(a) by reason of the imperfection or other condition of the means, or
(b) by reason of the circumstances under which they are used, or
(c) by reason of the circumstances affecting the person against whom, or the thing in respect of which the criminal offence is intended to be committed, or
(d) by reason of the absence of that person or thing.
(2) A person who attempts to commit a criminal offence commits a criminal offence, and except as otherwise provided in this Act, is liable to be convicted and punished as if the criminal offence has been completed.
(3) Where an act amounts to a complete criminal offence, as defined by a provision of this Act, and is also an attempt to commit any other criminal offence, a person who does the act commits a criminal offence and is liable to be convicted and punished under either provision or under this section.
(4) A provision in this Act with respect to intent, exemption, justification, or extenuation, or any other matter in the case of an act, shall apply with the necessary modifications to the case of an attempt to do that act.
Illustrations
Subsection (1)
1. A buys poison and brings it into B’s room, intending there to mix it with B’s drink. A has not attempted to poison B. But if A begins to mix it with B’s drink, though A afterwards desists and throws away the mixture, A commits of an attempt.
2. A points a gun, believing it to be loaded, and meaning immediately to discharge it at B. A has committed the criminal offence of an attempt, although the gun is not in fact loaded.
3. A puts A’s hand into B’s pocket, with the purpose of stealing. A has committed the criminal offence of an attempt, although there is nothing in the pocket.
4. A performs an operation on B with a view to causing abortion. A has committed the criminal offence of an attempt, although B is not in fact with child.
19. Preparation for committing certain criminal offences
A person who prepares or supplies, or has in possession, custody, or control, or in the possession, custody or control of any other person on behalf of that person, any instrument, materials, or means, with the intent that the instruments, materials, or means, may be used by that person, or by any other person, in committing a criminal offence by which life is likely to be endangered, or a forgery, or a felony, commits a criminal offence and is liable to punishment in like manner as if that person had attempted to commit that criminal offence.
CHAPTER FOUR
Abetment and Conspiracy
20. Abetment of a criminal offence
(1) A person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any other manner purposely aids, facilities, encourages, or promotes, whether by a personal act or presence or
otherwise, and a person who does an act for the purposes of aiding, facilitating, encouraging, or promoting the commission of a criminal offence by any other person, whether known or unknown, certain, or uncertain, commits the criminal offence of abetting that criminal offence, and of abetting the other person in respect of that criminal offence.
(2) A person who abets a criminal offence shall, if the criminal offence is actually committed in pursuance of, or during the continuance of, the abetment, be deemed to have committed that criminal offence.
(3) A person who abets a criminal offence is, if the criminal offence is not actually committed,
(a) liable to imprisonment for life where the criminal offence abetted was punishable by death; and
(b) in any other case the abettor is punishable in the same manner as if the criminal offence had been actually committed in pursuance of the abetment.
(4) An abettor may be tried before, with, or after a person abetted, and although the person abetted is dead or is otherwise not amenable to justice.
(5) An abettor may be tried before, with, or after any other abettor, whether the abettor and any other abettor abetted each other in respect of the criminal offence or not, and whether they abetted the same or different parts of the criminal offence.
(6) An abettor shall have the benefit of any matter of exception, justification, or extenuation to which the abettor is entitled under this Act, although the person abetted or any other abettor is not entitled to the like benefit.
(7) A person who, within the jurisdiction of the Court, abets the doing beyond the jurisdiction of an act which, if done within the jurisdiction, would be a criminal offence, is punishable as if that person had abetted that criminal offence.
Illustrations
Subsection (1)
1. A encourages B to commit a murder. Here A commits the criminal offence of abetting murder.
2. A offers B ¢20,000 to assault C. Here A commits the criminal offence of abetting an assault on C.11(11)
3. A and B are fighting unlawfully. C and others hinder a peace officer from stopping the fight. Here C and the others have committed the criminal offence of abetting the fight.
Subsection (2) A encourages B to commit unlawful entry. B attempts to commit the unlawful entry, but is discovered and arrested. Here A is punishable as if A had committed the unlawful entry.
Subsection (3) A unlawfully strikes B. B and others immediately set upon A and beat A so that A dies.
Here, if the blow struck by A amounts to a provocation to B, (section 53), B may have committed the criminal offence of manslaughter, although the others may have committed the criminal offence of murder.
Subsection (7) A who is in Accra, incites B to carry a ship to sea and scuttle the ship with intent to defraud the underwriters. A is liable under this provision.
21. Abetment and the commission of a different criminal offence
(1) Where a person abets a particular criminal offence, or abets a criminal offence against or in respect of a particular person or thing and the person abetted actually commits a different criminal offence, or commits the criminal offence against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, and
(a) it appears that the criminal offence actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the criminal offence which the abettor intended to abet, nor was within the scope of the abetment, the abettor is punishable for abetment of the criminal offence which the abettor intended to abet in the manner provided by this Chapter with respect to the abetment of criminal offences which are not actually committed; and
(b) in any other case, the abettor shall be deemed to have abetted the criminal offence which was actually committed, and is liable to punishment accordingly.
(2) Where a person abets a riot or unlawful assembly with the knowledge that unlawful violence is intended or is likely to be used, that person commits the criminal offence of abetting violence of the kind or degree which is committed by any other person in executing the purposes of the riot or assembly, although that person did not expressly intend to abet violence of that kind or degree.
Illustrations
Subsection (1)
1. A incites B to commit robbery by threats, without violence on C. B in attempting to commit the robbery, is resisted, and murders C. Here A commits the criminal offence of abetting robbery, and not of murder.
2. A incites B to steal a horse. B, in pursuance of the incitement, gets the horse by false pretences. Here A commits the criminal offence of abetting the criminal offence which B has committed.
Subsection (2) A number of persons assemble together for the purpose of breaking open a prison and releasing a prisoner by force. Some of them are armed. If murder is committed by one of these in breaking open the prison, all of the persons, whether armed or not, who took part in or otherwise abetted the breaking open the prison, have committed the criminal offence of abetting murder, if they knew that arms were carried and were intended or likely to be used.
22. Duty to prevent a felony
A person who, knowing that another person designs to commit, or is committing a felony, fails to use all reasonable means to prevent the commission or completing the felony commits a misdemeanour.
23. Conspiracy
(1) Where two or more persons agree to act together with a common purpose for or in committing or abetting a criminal offence, whether with or without a previous concert or deliberation, each of them commits a conspiracy to commit or abet the criminal offence.
(2) A person within the jurisdiction of the Courts can be convicted of conspiracy by agreeing with another person who is beyond the jurisdiction, for the commission of abetment of a criminal offence to be committed by them or either of them, or by any other person, within or beyond the jurisdiction.
(3) For the purposes of subsection (2) as to a criminal offence to be committed beyond the jurisdiction, “criminal offence” means an act which, if done within the jurisdiction, would be a criminal offence under this Act or under any other enactment.
Illustrations
Subsection (1)
1. If a lawful assembly is violently disturbed (section 204), the persons who take part in the disturbance have committed conspiracy to disturb it, although they may not have personally committed any violence, and although they do not act in pursuance of a previous concert or deliberation.
2. A and B agree together to procure C to commit a criminal offence. Here, A and B have both committed conspiracy to abet that criminal offence.
Subsection (2). A in Accra and B in Lagos agree and arrange by letter for the scuttling of a ship on
the high seas, with intent to defraud the underwriters. Here A has committed a conspiracy punishable under this Act.
24. Punishment for conspiracy
(1) Where two or more persons are convicted of conspiracy for the commission or abetment of a criminal offence, each of them shall, where the criminal offence is committed, be punished for that criminal offence, or shall, where the criminal offence is not committed, be punished as if each had abetted that criminal offence.
(2) A Court having jurisdiction to try a person for a criminal offence shall have jurisdiction to try a person charged with conspiracy to commit or abet that criminal offence.
25. Harbouring criminal
A person who, knowingly or having reason to believe that any other person has committed or has been
convicted of a criminal offence, aids, conceals, or harbours that person, with the purpose of enabling that person to avoid lawful arrest or the execution of the sentence, commits a misdemeanour.
CHAPTER FIVE
General Exemptions
26. Infant incapable of committing a criminal offence
For the purposes of the criminal law a person under twelve years of age is incapable of committing a criminal offence.12(12)
Illustration
A, aged eleven years administers poison to B. A is not criminally responsible and is
considered incapable of understanding the consequences of those actions from a legal perspective.13(13)
27. Special verdict in respect of an insane person
Where a person is accused of a criminal offence, the special verdict provided by the Criminal and other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity is only applicable
(a) if that person was prevented, by reason of idiocy, imbecility, or a mental derangement or disease affecting the mind, from knowing the nature or consequences of the act in respect of which that person is accused; or
(b) if that person did the act in respect of which that person is accused under the influence of an
insane delusion of a nature that renders that person, in the opinion of the jury or of the Court, an unfit subject for punishment in respect of that act.
Illustrations
Paragraph (a)
1. If a person by reason of idiocy is incapable of knowing that the act of that person will cause death, the special verdict is applicable to that case.
2. If a person commits homicide by reason of a paroxysm of madness which at the time makes that person incapable of considering that murder is a criminal offence, the special verdict is applicable to that case.
3. The special verdict is not applicable merely because it is proved that by reason of mental derangement the accused has a propensity to homicide.
Paragraph (b)
1. A kills B by reason of an insane delusion that B is attempting to kill A.
Here the jury will be justified in finding that A is not a fit subject for punishment.
2. A is subject to insane delusions. In an interval of freedom from these delusions, A kills B. Here the jury ought to take into account the fact that at other times A was subject to delusions.
28. Criminal liability of an intoxicated person
(1) Except as provided in this section, intoxication is not a defence to a criminal charge.
(2) Intoxication is a defence to a criminal charge if by reason of the intoxication the person charged, at the time of the act complained of, did not know that the act was wrong or did not know what that person was doing and
(a) the state of intoxication was caused without the consent of that person by the malicious or negligent act of another person, or
(b) the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of the act.
(3) Where the defence under subsection (2) is established, then
(a) in a case falling under paragraph (a), the accused person shall be discharged, and
(b) in a case falling under paragraph (b), the special verdict provided for by the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity shall apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the person charged
had formed an intention, specific or otherwise, in the absence of which the person charged would not be guilty of the criminal offence.
(5) For the purposes of this section “intoxication” includes a state produced by narcotics or drugs.
29. Ignorance or mistake of fact or of law
(1) A person shall not be punished for an act which, by reason of ignorance or mistake of fact in good faith, that person believes to be lawful.
(2) A person shall not, except as in this Act otherwise expressly provided, be exempt from liability to punishment for an act on the grounds of ignorance that the act is prohibited by law.
Illustration
Subsection (2) A, in self-defence against an assault, uses greater violence than is justifiable under the
provisions of Chapter One of Part Two. Here A cannot claim that A did not know the violence was unlawful.
