Criminal law notes - 201

FACULTY OF LAW CRIMINAL LAW NOTES FOR FIRST AND SECOND SEMISTERS 2011 - 2012 Downloaded by Morris Muthii ([email protected]) CRIMINAL LAW NOTES CONTENTS GENERAL INFORMATION REFERENCES TABLE OF GH ...

FACULTY OF LAW CRIMINAL LAW NOTES FOR FIRST AND SECOND SEMISTERS 2011 - 2012 Downloaded by Morris Muthii ([email protected]) CRIMINAL LAW NOTES CONTENTS GENERAL INFORMATION REFERENCES TABLE OF GHANAIAN CASES TABLE OF FOREIGN CASES GENERAL INTRODUCTION WHAT IS CRIME PART I TYPES OR CLASSIFICATION OF OFFENCES BURDEN OF PROOF FUNCTION OF CRIMINAL LAW DISTINCTION BETWEEN CRIMES AND CIVIL WRONG MORALITY AND CRIMINAL LAW THE PRINCIPLE OF LEGALITY ORGANS FOR ADMINISTRATION OF CRIMINAL JUSTICE PURNISHMENT 2 Downloaded by Morris Muthii ([email protected]) PRINCIPLE OR ELEMENTS OF CRIMINAL LIABILITY ACTUS REUS (THE PHYSICAL ELEMENT) MENS REA (THE MENTAL ELEMENT) EXCEPTIONS TO THE RULE OF CRIMINAL LIABILITY OFFENCES AGAINST THE PERSON. ASSAULT AND BATTERY ASSAULT WITHOUT BATTERY IMPRISONMENT HOMICIDE (1): THE COMMON AREAS GENERAL INTRODUCTION THE ACTUS REUS OF HOMICIDE CAUSATION HOMICIDE (II): MURDER ACTUS REUS OF MURDER MENS REA OF MURDER WHO CAN COMMIT MURDER WHO MAY BE A VICTIM OF MURDER 3 Downloaded by Morris Muthii ([email protected]) HOMICIDE (III): MANSLAUGHTER VOLUNTARY MANSLAUGHTER INCHOATE OFFENCES INTRODUCTION ATTEMPTS PREPARATION CONSPIRACY PART II ASSESSORIAL LIABILITY (ABETMENT) OFFENCES AGAINST THE PERSON SUICIDE ABORTION KIDNAPPING ABDUCTION CHILD STEALING SEXUAL OFFENCES RAPE DEFILEMENT 4 Downloaded by Morris Muthii ([email protected]) CARNAL AND UNATURAL CARNAL KNOWLEDGE OF A PERSON WITH MENTAL INCAPACITY INDECENT ASSAULT UNNATURAL CARNAL KNOWLEDGE INCEST PROPERTY OFFENCES GENERAL INTRODUCTION DISHONEST APPROPRIATION PART OWNERS ACT OF APPROPRIATION STEALING 5 Downloaded by Morris Muthii ([email protected]) GENERAL INFORMATION This is an almost complete notes on Criminal Law II (LAW 288) and this notes was done following the Criminal Law Study Guide (for first and second semesters) for LL.B, years 1 (part time) and 2 (full time undergraduates) by Dr. Elizabeth A. Archampong. It also contains the briefs and necessary portions of some of the cases stated in the study guides. It also has the necessary sections from the Criminal Offences Act inserted. THIS CANNOT BE SAID TO CONTAIN ALL WHAT IS NEEDED FOR THE COURSE, because, the lecturer may add certain materials necessary and it is always necessary as and when the reference is given in the notes, for one to look it up. ATTENDANCE TO LECTURES is also very important in order to have a good understanding of the course. This note, being the writer’s personal notes, is not intended to be published. COMPILER. 6 Downloaded by Morris Muthii ([email protected]) REFERENCES        Mensah Bonsu (Prof), THE GENERAL PART OF CRIMINAL LAW – A GHANAIAN CASEBOOK VOL. 2 Mensah Bonsu (Prof), ANNOTATED CRIMINAL OFFENCES ACT OF GHANA P. K. Twumasi, CRIMINAL LAW IN GHANA E. H. Ofori Amankwah (Prof), OUTLINE OF CRIMINAL LAW LECTURES Elizabeth A. Archampong, CRIMINAL LAW II STUDY GUIDE Mensa-Bonsu, ‘COMPLICITY UNDER THE CRIMINAL CODE OF GHANA’ [1991- 92] VOL. XVIII RGL 193—219 THE GHANA LAW REPORTS TABLE OF GHANAIAN CASES                 KWASHIE V THE REPUBLIC (1971) 1 GLR 488, CA SENE V THE REPUBLIC (1977) 1 GLR 434, CA R V QUAYE (JACK TOLLER) (1954) 14 WACA 488 R V GYAMFI (1960) GLR 45, CA AMETEWEE V THE STATE (1964) GLR 551 REPUBLIC V ADEKURA (1984-86) GLR 113 AKORFUL V THE STATE (1963) 2 GLR 371 REPUBLIC V ADEKURA (1984-86) 2 GLR 345, CA R V MENSAH (1948) 12 WACA 346, R V KWAKU AWONU (1946) 12 WACA 95, BRUCE-KONADU V THE REPUBLIC (1967) GLR 611 ASANTE V THE REPUBLIC TWUM V THE REPUBLIC R V NWAOKE (1939) 5 WACA 120 ATTORNEY-GENERAL’S REFERENCE (NO 3 OF 1994) (1996) QB 581, CA. DOGO DAGARTI v. THE STATE [1964] GLR 653-655