By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. This article follows an earlier discussion on the interpretive tension between sections 296 and 297 of the Criminal and Other Offences Act, 1960 (Act 29), which revealed a significant doctrinal gap in Ghanaian sentencing … Continue reading Community Service Regimes in Selected Common Law Jurisdictions
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Sentencing in the Ghanaian Criminal Justice System: Reconciling Sections 296 and 297 of Act 30 with the Criminal Offences Act
By: Her Worship Georgette Carmel Lutterodt, Esq., Her Worship Anastacia Yaa Agyeiwaa Karimu, Esq. and Her Worship Dromo Afarley Djarbeng, Esq. The Principle of Legality in Ghanaian Criminal Law A foundational principle of Ghana’s criminal jurisprudence is the doctrine of legality: nullum crimen, nulla poena sine lege. Simply put, no person may be convicted of a … Continue reading Sentencing in the Ghanaian Criminal Justice System: Reconciling Sections 296 and 297 of Act 30 with the Criminal Offences Act
Criminal Appeals in Ghana: A Simple Explanation
Why Did the Court Reduce Nana Agradaa’s Sentence? When news broke that Patricia Asieduaa, popularly known as Nana Agradaa, had her sentence reduced on appeal, many people assumed something improper had happened. Others felt that perhaps the court had gone soft or bowed to public pressure. In the judgment itself, however, the judge made it … Continue reading Criminal Appeals in Ghana: A Simple Explanation
Let’s Unpack the Committal Process
Introduction The District Court, also known as the Magistrate Court, has three of the most interesting criminal jurisdictions within our court system. Among other things, it hears juvenile cases, determines extradition applications brought by the State, and, most critically for this discussion, decides whether persons charged with the gravest criminal offences should be committed to … Continue reading Let’s Unpack the Committal Process
Modern Justice? A Legal Analysis of the Attorney-General’s Policy to Explain Reasons for Terminating High Profile Criminal Trials
By: Derrick Ackah-Nyamike, Esq. and Selasi Kuwornu, Esq. Introduction An essential aspect of Criminal Justice is the power to commence and to terminate criminal proceedings in court. Like several other jurisdictions, in Ghana all criminal matters are commenced at the instance of the Attorney-General (A-G). Article 88(3) of the Constitution, 1992 provides that the power to initiate … Continue reading Modern Justice? A Legal Analysis of the Attorney-General’s Policy to Explain Reasons for Terminating High Profile Criminal Trials
Part 1: Prosecutors as Safeguards of Suspects’ Innocence
A few days ago, an American friend mentioned that she can never be a prosecutor because of the danger of convicting an innocent person. I explained to her that in the common law system, with its specific criminal justice arrangement, there are ways to ensure that innocent persons are set free. Prosecutors have the capacity … Continue reading Part 1: Prosecutors as Safeguards of Suspects’ Innocence
Application for Bail on Medical Grounds in Ghana
There have been several bail applications I have dealt with where averments in the supporting affidavit have been centered on the ill health of the accused person or convict. Some have gone further to attach medical reports proving the alleged condition. These applications are mostly granted although the reasons given in the rulings are not … Continue reading Application for Bail on Medical Grounds in Ghana
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