Criminal Law Study Notes

CRIMINAL LAW

GENERAL OVERVIEW

  • Course conducted by Kofi Agyena Agyeman, Esq.
  • Delivered at the University of Professional Studies, Accra.
  • Emphasis on the intersection of scholarship and professionalism in the study of criminal law.

SCOPE OF CRIMINAL LAW

Constitutional Law
  • Criminal law operates within the framework of constitutional law as it pertains to jurisdiction and limitations.

TERRITORIAL LIMITATION IN CRIMINAL LAW

  • Courts must have jurisdiction over an offence based on its occurrence:
    • Within Ghana: Includes territorial waters and airspace; also extends to ships and aircraft licensed in Ghana.
    • Partly Outside Ghana: Jurisdiction is applicable if the offence would qualify as a criminal offence if fully committed in Ghana.
Jurisdiction for Ghanaian Citizens
  • A Ghanaian citizen may be prosecuted if they:
    • Commit a punishable offence in Ghana while outside the country, provided they are employed by the Republic or a statutory corporation.
    • Commit murder outside Ghana.
    • Engage in misappropriation of public funds or property belonging to statutory corporations outside Ghana.
    • Commit an offence on Ghanaian diplomatic premises.
    • Engage in acts punishable under any law listed in Courts Act, section 56(4).

PRESCRIPTION (LIMITATION OF TIME)

  • Article 14(4) of the Constitution of Ghana, 1992 stipulates that:
    • A detained person must be tried within a reasonable time.
    • If not tried, they shall be released unconditionally or under reasonable conditions to ensure future appearance for trial.
  • Important Note: Criminal offences do not have a statute of limitations and do not expire.

CRIMINAL JURISDICTION OF THE COURTS

Original Jurisdiction
  • Courts with original jurisdiction include:
    • Juvenile Courts
    • District Courts
    • Circuit Courts
    • Regional Tribunals (currently defunct)
    • High Court
Appellate Jurisdiction
  • Courts with appellate jurisdiction include:
    • High Court
    • Court of Appeal
    • Supreme Court
THE DISTRICT COURT
  • Jurisdiction includes summary offences punishable by:
    • A fine not exceeding 500 Penalty Units (1 PU = GHS 12).
    • A term of imprisonment not exceeding 2 years.
    • Possibility to exceed two years in enhanced sentences.
THE CIRCUIT COURT
  • Jurisdiction covers all criminal matters, except for treason penalties.
  • Can try serious offences such as robbery, provided the penalty does not include death (death penalty is abolished).
THE REGIONAL TRIBUNAL
  • Jurisdiction conferred by Parliament; however, it is currently not operational.
THE HIGH COURT
  • Original jurisdiction in all criminal matters according to Article 140 of the Constitution of Ghana and section 15(1) of the Courts Act.
  • Appellate jurisdiction includes judgments from Circuit and District Courts as outlined in Article 140(1).
  • Concurrent original jurisdiction with both the Circuit and District Courts and the defunct Regional Tribunal.
THE COURT OF APPEAL
  • Appellate jurisdiction over all criminal appeals from the High Court, regardless of the initial court involved.
THE SUPREME COURT
  • Appellate jurisdiction over criminal appeals from the Court of Appeal, irrespective of the initial trial court.

CRIMINALITY AND MORALITY

Relationship between Law and Morality
  • Definition of Moral Law (Merriam-Webster Dictionary):
    • "Morals are a general rule of right living, conceived as universal and unchanging, sanctioned by God’s will, conscience, moral nature, or natural justice."
  • Criminal law incorporates moral principles and seeks to enforce societal morality.
  • Questions arise as to whether the criminal law should equate law with sin and whose morality should prevail.
Should Criminal Law Enforce Morality?

  • Lord Atkin's perspective:

    • Morality and criminality are not co-extensive; the state cannot criminalize all immoral acts.

  • Lord Devlin's Argument:

    • The state has a broad mandate to legislate against immorality.
Arguments Against Criminalizing Immorality
  • John Stuart Mill argues that simply being immoral is not sufficient justification for criminalization, emphasizing that intervention should only occur to prevent harm to others.
  • Example provided: Glah case illustrates the divergence between criminality and personal morality in legal contexts.
    • If the act does not harm others, it may not warrant criminalization.
The Context of Morality in Crime
  • Although many immoral acts are criminal (i.e., murder, theft), some immoral actions, such as adultery, gossip, and cheating, are not criminal.
Key Cases Discussed
  • C.O.P. V BELLO [1961] GLR 647: Court ruling that a mere act of cheating due to the victim’s illiteracy could not constitute a criminal offence.
  • Glah and Another v. The Republic [1992] 2 GLR 15: Addressed the societal view of morality against the absence of legislative sanction for certain conduct.

CONCLUSIONS ABOUT MORALITY IN CRIMINAL LAW

  • There exists a complex interaction between morality and crime; the fact that an act is immoral does not automatically render it a crime.
  • Varied cultural and religious beliefs complicate the enforcement of a singular moral code via criminal law.
  • Students of law must remain objective and set aside personal moral views when examining legal principles.

CASES TO REVIEW

  • Glah and Another v. The Republic [1992] 2 GLR 15
  • Debrah v. The Republic [1991] 2 GLR 517
  • C.O.P. v. Bello [1961] 2 GLR 647

END OF LECTURE

  • Open floor for any questions regarding the materials covered.