Legal Definitions and Punishments in Ghana
1. Felony
Definition: A felony in Ghana is a serious criminal offense, typically punishable by death, life
imprisonment, or a term of imprisonment exceeding ten years. Examples include murder,
robbery, and treason.
Legal Authority: Section 296 of the Criminal Offences Act, 1960 (Act 29) defines felonies as
serious crimes, distinguishing them from misdemeanors.
Punishment: Punishment varies but includes:
- Death penalty (e.g., for murder or treason).
- Life imprisonment (e.g., for certain robbery offenses).
- Long-term imprisonment exceeding ten years.
Case Example: The Republic v. Charles Antwi [2015]—A case of attempted assassination of
a sitting President, classified as a felony (treason).
2. Misdemeanor
Definition: A misdemeanor is a less serious offense compared to a felony. It covers crimes
that are not explicitly defined as felonies or capital offenses. Examples include minor thefts
and public disturbances.
Legal Authority: Section 296(4) of Act 29 defines misdemeanors as offenses not classified as
felonies or undefined crimes.
Punishment:
- Imprisonment of up to three years.
- Fines or non-custodial sentences, depending on the severity.
Case Example: The Republic v. Felix Nana Yaw Okyere [2021]—A minor assault case
classified as a misdemeanor.
3. Second-Degree Offense
Definition: This term generally applies to less serious forms of serious crimes (e.g.,
manslaughter instead of murder). These are not explicitly defined in Ghanaian criminal law
as "second-degree" but can be understood within the classification of felonies or
misdemeanors based on severity.
Legal Authority: Not explicitly codified but falls under the broader spectrum of Act 29
classifications.
Punishment:
- Typically, shorter terms of imprisonment compared to first-degree offenses.
- Discretionary sentences based on the crime's nature.
Example: In cases of culpable homicide where there is no intent to kill, the punishment may
be reduced.
4. First-Degree Offense
Definition: Refers to the most severe category of crimes, involving intentional acts of
significant harm. Examples include premeditated murder and aggravated robbery.
Legal Authority: These are generally felonies as per Act 29, involving the gravest
consequences.
Punishment:
- Death penalty (e.g., premeditated murder).
- Life imprisonment.
Case Example: The Republic v. Amponsah and Others [2018]—A case involving an armed
robbery with murder, classified as a first-degree offense.
5. Capital Offense
Definition: A capital offense is one punishable by the death penalty under Ghanaian law.
Examples include murder, treason, and certain acts of armed robbery.
Legal Authority: Sections 46 and 49 of the Criminal Offences Act provide for capital
punishment for murder and treason.
Punishment:
- Death by hanging or firing squad.
Case Example: The Republic v. Charles Quansah [2003]—A serial killer case where the
accused was sentenced to death for multiple murders.
Key Notes
1. Judicial Discretion: Judges in Ghana may exercise discretion in sentencing, especially for
non-capital offenses.
2. Human Rights Concerns: There has been advocacy against the death penalty in Ghana,
with some efforts aimed at its abolition.
