LAWS OF GHANA SIMPLIFIED

  Madam Patricia Asiedua popularly known as Agradaa was handed a 15-year jail term yesterday by the Accra Circuit Court.   Many have argued that the jail term is excessive and harsh. This write up is aimed at throwing some light on the offense she committed and the available punishments for the court, given her circumstances, so that readers can have an informed basis to argue on whether or not the sentence was excessive.   Ms. Asiedua was charged amongst other offences, with, Defrauding by false pretences. Since I do not have the benefit of the full charge sheet, I shall discuss only the offence of defrauding by false pretences and perhaps update myself if I see the full charge sheet and get to know of the other offences she was charged in addition to this one.   But what readers must bear in mind is that, whenever two or more offences are charged and proved against a person, the courts would usually hand over sentence for all the offences. However, it i...

  Whilst most crimes in Ghana are recorded in the Criminal and other offences Act of 1960, Act 29, a reader is not likely to find their corresponding punishments for these offences in that law. This makes it difficult for most people to know what kind of punishment awaits them when they are found to have committed an offence. Article 19(11) of the constitution (1992), makes it illegal for anyone to be punished for an offence whose punishment is not written. It says as follows; “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law”.   Part VI of the Criminal Procedure Act of 1960, Act 30 provides for most punishments for crimes in Ghana. Most crimes found in other laws apart from Act 29 and Act 30 usually come with their punishments in those other laws and where there is no punishment, there will be words that will lead to the fact that the punishments can be found in Act 30.   For ...