First Semester Tutorial Questions

Week 1

1. “Criminal law is institutionalized because crimes are not just infringements on

private rights but because crimes have a a particularly harmful effect on the public as
a whole”. Discuss

2. The Criminal Offences Act does not submit to a strict interpretation. Discuss

3. “Conduct which, if duly shown to have taken place, will incur a formal and solemn
pronouncement of the moral condemnation of the community” (Prof. Henry M. Hart,
Jr). Is this a useful definition of a crime?

4. “Crimes are wrongs whose sanction is punitive and is remissible by the Crown if at
all”. Comment on this definition of a crime.

Week 2 & 3

1. “ The criminal law has, from its inception, concerned itself with the enforcement of
morals”. Discuss

2. To what extent does the criminal jurisdiction of the Ghanaian courts extend beyond
the borders of the country?

3. “There is a distinction between things criminal in themselves, and things which are
made criminal and are prohibited under a penalty simply for the public good”. - Per
Wills J in Collman v Mills. Discuss

4. Does Ghanaian law recognize common law and customary law offenses? Explain
your answer with the relevant authorities.
5. Morality and criminality are far from co-extensive; nor is the sphere of criminality
necessarily part of a more extensive field covered by morality unless the moral code
necessarily disapproves all acts prohibited by the State, in which case the argument
moves in a circle. [Lord Atkin in Proprietary Articles Trade Association v Attorney-
General for Canada [1931] AC 310 ] Discuss

6. According to Lord Devlin, society has a right to punish conduct of which its members
strongly disapprove, on the ground that the state has a role to play as a moral tutor
and the criminal law is its proper tutorial technique. Discuss the arguments he put
forward to support this position.

Week 4

1. DO you agree with the view that the retributive theory of punishment is irrational,
as it is based on emotions rather than reason?

2. Self-flagellation, Masochism and Punishment are 3 similar, yet different concepts.

Do you agree?

3. “The utilitarian theory of punishment focuses on the beneficial consequences of

punishment and not really the suffering visited on the offender”. Discuss

Week 5

1. While a Bill to prohibit the sale of cigarettes was being debated in Parliament, the
Inspector Gyamfi warned all cigarette sellers to stop immediately if they don’t want
to be prosecuted. Kofi Tawala refused to heed the warning, and so Inspector Gyamfi
caused his arrest and granted him bail pending the passage of the Bill. The Bill was
duly passed into law and the presidential assent given. Kofi Tawala has now been
charged under the Act. Discuss Kofi’s criminal liability or otherwise.
2. With the aid of legal authorities, discuss the operation of the rule against double
jeopardy in the Ghanaian legal system.

3. When can a statute be said to be vague and over-broad? What are the
consequences of a finding that a criminal statute is vague and over-broad?

Week 6

1. Kwame accompanied his father Koo Nimo to the forest one night on a game
hunting expedition. After some time, Koo Nimo asked Kwame to go round a grove and
encircle an animal they had spotted. Koo Nimo then fired in the direction of the animal,
but the bullet missed it, ricocheted off a rock, hit and killed Kwame.

Koo Nimo was charged with murder and convicted. The conviction was based on the
evidence of a neighbour to the effect that Kwame was a naughty boy and on several
occasions Koo Nimo had threatened him with a gun swearing “I will kill you before you
kill me with your evil ways”.

Write a legal opinion advising Koo Nimo on his chances of success in an appeal.

2. With the aid of legal authorities, describe the circumstances under which failure to
act will constitute an offence.

3. For a transaction to constitute a crime, the mens rea must always coincide with the
actus reus. Discuss

4. When, if ever, is it justifiable to impose strict criminal liability?

5. How does the criminal law distinguish between intention and recklessness?
Week 8

1. James is facing trial for the murder of Bright, who died in the following
circumstances. On 10 July 2014, as Bright was leaving a pub in Accra, a man
approached him and shot him twice in the head and chest. He was rushed to the
hospital where he remained in a permanent vegetative state until his death on 4
October 2016. the immediate cause of his death was pneumonia which he developed
as a result of contracting an infection while in hospital.
Can James lawfully be convicted of murder in light of the circumstances of Bright’s
death?

2. Kofi, Yaw and Ama decide to visit an art museum in Accra. During the visit, an
argument ensues between Kofi and Yaw. Kofi becomes angry and pushes Yaw, who
falls on the floor. A security guard, Kwame, arrives at the scene and tells them that he
is going to call the police. Ama shouts at him to back off and pushes him. Kwame loses
his balance and falls over, hitting his head. His injuries are more severe than would
normally be expected because he has an abnormally thin skull. Kofi, Ama and Yaw run
out of the museum. An ambulance arrives at the scene. When Kwame, who is
unconscious, arrives at the hospital, Dr Arlo prescribes medication which Kwame is
allergic to and as a result, he dies.
Discuss the possible criminal liability of the parties.

3. Jenny intends to kill her husband, Jack, who she discovered was having an extra-
marital affair. She buys rat poison and instructs their 11 year old son Mike to mix it
with his father’s drink whenever he pours a glass to drink. While she is away on a
week-long work trip, Jack brings his mistress,Jill, home to spend the weekend. Jack
sends Mike to go fetch a bottle of whiskey for himself and his visitor. Mike poisons the
entire bottle of whiskey before handing it to his father. Jack and Jill both die of
poisoning immediately after taking shots.
Discuss the criminal liabilities of Jenny and Mike in relation to the death of Jack and
Jill.

Week 9

1. John’s mother was dying from a cancerous brain tumour. Caring for her and
watching her dying in this way caused John to suffer from severe stress and depression.
Unable to watch her suffering any longer, he decides to put her out of her misery by
poisoning the cup of cocoa that she drinks before going to sleep. John slips some
surgical spirit into her cocoa, believing that this is poisonous, although it is in fact
harmless. His mother drinks the cocoa, but dies during that night of a brain
haemorrhage caused by her malignant tumour.
Discuss John’s liability, if any for his mother’s death.

2. Melissa and Matthew decide they want to kill their neighbor’s dog because it barks
loudly and consistently every night. Melissa buys some hunting traps at the local
hardware store. Matthew places a raw chicken thigh in the trap and throws it over the
fence into the neighbor’s yard. Fortuitously, the neighbors are on an overnight
camping trip, and the dog is with them. The next day, after a night of silence, Melissa
feels regret and climbs over the fence to see what happened to the dog. When she
sees the trap untouched on the ground, she picks it up and takes it back over the fence,
later disposing of it in the trash.
Discuss any possible criminal liability of Melissa and Matthew.
a. Would your answer be different if Melissa bought the trap but thereafter
changed her mind and talked Matthew out of poisoning the dog?

3. Harry wants to kill his wife Ethel for the proceeds of her life insurance policy. Harry
contacts his friend Joe, who is reputed to be a “hit man,” and sets up a meeting for
the next day. Harry meets with Joe and asks him if he will murder Ethel for one
thousand dollars. Joe agrees, and Harry pulls out a wad of cash and pays him. On the
night agreed for the act, Harry leaves the door to the house unlocked. Joe sneaks in
and shoots Ethel who is in bed with Harry. Harry is deeply saddened by the death of
his lovely wife and reports Joe to the police.
Discuss the possible criminal liabilities of Joe and Harry.

Week 10
1. Ignorance of the existence of a criminal statute is not a defence to a charge under
the statute. Do you agree?

2. Kwame was drinking with Kofi on a Thursday afternoon. Between them they shared
one bottle of ‘akpeteshie’, a local alcoholic beverage. When they were about to leave
the bar Kwame said Kofi resembles a cow. This angered Kofi who took a knife and
stabbed Kwame. Kwame was rushed to the hospital where he died on arrival due to
the stab wounds. In his cautioned statement to the police, Kofi stated that he cannot
recall the stabbing incident..
Discuss the possible defences available to Kofi.

3. Jeff had sex with Violet without her consent. Is he criminally liable if he had been
drinking heavily and thought she was consenting?
a. Would your advice to him be different if he had been drinking orange juice
which had been laced with alcohol by a third party?
b. Would your advice to him be different if he had been drinking orange juice
which had been laced with alcohol by Violet herself?

Week 11 & 12
1. David stabbed John who had slapped him. Is David criminally liable if John died as
a result of the stab wounds?
a. Would your advice to David be different if John had prior to the stabbing
pointed a loaded gun at him and threatened to shoot him?

2. Discuss the proportionality rule in the defence of self defence.

3. Under what circumstances, if any, would a person other than the police be lawfully
justified in arresting and detaining another person for an offence?