Inchoate Offences: Conspiracy, Attempt, Preparation & Abetment (Ghana)

Vocabulary flashcards covering statutory references, elements, principles, mnemonic aids, punishments, defences, and key cases for Ghanaian inchoate offences: conspiracy, attempt, preparation, and abetment.

Inchoate Offence

A crime consisting of acts done toward the commission of another crime, even if the principal offence is not completed.

Conspiracy (Section 23)

Agreement or concerted action between two or more persons to commit or abet a crime; offence is complete once the agreement is reached.

Attempt (Section 18)

Overt act done with intent to commit a crime that falls short of completion; liable even if success is impossible.

Preparation (Section 19)

Possessing, making, or adapting tools or means for committing a crime; punishable as an inchoate offence.

Abetment (Sections 20–21)

Aiding, encouraging, or inciting another to commit an offence; liability attaches even if the principal offence is not completed.

Actus Reus of Attempt

A positive, overt act that goes beyond mere preparation toward the commission of an offence.

Mens Rea of Attempt

Specific intent to commit the target offence; recklessness is insufficient.

Agreement (Element of Conspiracy)

Meeting of minds or concerted action by at least two persons to pursue a criminal objective.

No Overt Act Rule (Conspiracy)

Liability for conspiracy arises upon agreement alone; no further act is required.

Common Criminal Design

Shared unlawful purpose that unites conspirators in liability for conspiracy.

Impossibility Doctrine (Section 18(1))

An attempt is punishable even if the crime was factually or physically impossible given the circumstances perceived by the accused.

Point-of-No-Return / Proximity Test

Common-law guide distinguishing preparation from attempt; the act must be irrevocable and strongly indicate intent to commit the crime.

Merger Doctrine (Attempt)

When the substantive offence is completed, the separate attempt charge disappears (merges into the full offence).

Punishment for Conspiracy

Same as abetment if crime not completed; if crime is completed, conspirator punished for the substantive offence.

Punishment for Attempt (Section 18(2))

Generally the same penalty as the completed offence; special rules apply for prisoners attempting murder (death, Section 49).

Punishment for Abetment

If crime is completed, same as principal; if not completed, penalties in Section 20(3) apply (life imprisonment if capital offence).

Extrajurisdictional Conspiracy (Section 23(2)–(3))

Ghanaian courts may try conspirators when agreement spans Ghana and another state, or targets crimes planned inside or outside Ghana.

Extra-Jurisdictional Abetment (Section 20(7))

Person in Ghana abetting an offence abroad is liable if the act would be criminal in Ghana.

Countermand (Defence to Abetment)

Active revocation of encouragement before the offence is committed; can exonerate the abettor.

Withdrawal (Defence to Abetment)

Overt, communicated disengagement from the criminal enterprise before the offence; a valid defence for abetment.

Secret Change of Heart

Silent abandonment without communication; not a valid defence to abetment or conspiracy.

Accessorius Sequitur Principale

Latin maxim: an accessory follows the principal and cannot be more guilty than the principal offender.

State v Otchere (1963)

Ghanaian case confirming conspiracy is complete upon agreement, and jurisdiction extends to agreements with persons outside Ghana.

Boahene [1965] GLR 279

Case holding that withdrawal after agreement does not defeat conspiracy liability.

R v Rook (UK)

Authority that secret withdrawal is ineffective as a defence to abetment; countermand must be communicated.

Dua (Ghana)

Case clarifying that attempted murder requires intent to kill, not proof of harm.

Khan (UK)

Case showing attempted rape liability where accused intended intercourse without caring about consent.

Haughton v Smith (UK)

Stated that attempt must go beyond preparation; later overruled on impossibility but still cited for proximity guidance.

Obeng (Ghana)

Established that an irrevocable act strongly pointing to the crime satisfies attempt.

Imperfect Means

Ineffective or unsuitable tools used in an attempt; still yields liability under Section 18(1)(a).

CAPA Mnemonic

Memory hook for stages of inchoate offences: Conspiracy, Attempt, Preparation, Abetment.

"A COLD PLAN" Mnemonic

Aid to remember conspiracy elements: Agreement, Criminal Objective, Liability Does not depend on completion.

"AIM High" Mnemonic

Mnemonic for attempt: Act (overt), Intent (specific), Mens rea (matches offence).

"Too Late to Escape" Mnemonic

Phrase capturing that withdrawal does not defeat conspiracy once agreement exists.

"IMPOSSIBLE ≠ IMMUNE" Mnemonic

Reminder that factual or physical impossibility does not bar liability for attempt.

Section 24(1)

Provides that conspirators are punishable as abettors if the substantive crime is not carried out.

Section 24(2)

States that conspiracy provisions apply to all substantive offences in Ghana.

Section 20(4)

Allows an abettor to be tried before, with, or after the principal, or even if the principal is dead or absent.

Irreversible Agreement

Concept that once conspiracy is formed, it cannot be undone legally by later withdrawal or countermand.

Principal Offender

Person who actually commits the substantive offence, as opposed to an abettor or conspirator.