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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Fishing for a criminal conviction
Author:Adzekwei, R.B.
Year:1975
Periodical:Review of Ghana Law
Volume:7
Issue:1
Pages:36-45
Language:English
Geographic term:Ghana
Subject:criminal procedure
External link:https://heinonline.org/HOL/Page?handle=hein.journals/rvghana7&id=44
Abstract:In Ghana an act or conduct is a criminal offence if any statutory provision declares it so. An act or conduct, which is a crime under common law, but which is not a statutory crime, is not a punishable crime. It is very important that a person's act or conduct should be fairly clearly perceived and identified by pinpointing it before he may be brought before a court of law for criminal trial. However, there appears to be a legislative tendency in Ghana to relieve investigating officers of part of their duty of making proper and complete criminal investigations. The legislature thus has provided that an accused person may be convicted of an offence other than the one with which he is charged. This appears to condone incomplete investigations or incorrect identification of acts and wrong classification of facts. The author poses and examines two questions: Why is it that sometimes accused persons are charged with certain offences based upon certain facts, but different offences are proved with different facts? Where do the different facts come from, and how do they come before the courts? Notes, ref.
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