Ratio DecidendiRatio DecidendiRatio Decidendi


(1968) JELR 80953 (HC)    
High Court  ·  9 Sep 1968 ·  Ghana
Other Citations
[1968] GLR 768 - 773

Ratio Decidendi

Core Terms Beta
dead body
abla eworho
offence of conspiracy
unlawful act
common purpose
first appellant
lawful authority
record of appeal
act of the will
burial of the dead body of any person
careful examination of the facts
circuit judge
circumstances of the case
circumstances of this instant case
compelling evidence
cremation of a corpse
criminal code
decision of guilt
dictates of that custom
fair trial
first prosecution witness
following treatment of the offence
gist of the offence
good conscience
halsbury's laws
honour festus n. amarteifio
judgment of the trial court
kingsley-nyinah j.
learned trial circuit judge
legal authority
natural justice
peculiar circumstances of this case
permission of the health authorities
reason of ignorance
record of proceedings
root of the prosecution
serious consideration of the submissions of both learned counsel
statutory offence of absolute prohibition
subsequent conviction
subsequent trial
such cremation
trial court
unlawful thing
writing of the medical officer of health


At their arraignment and subsequent trial before his honour Festus N. Amarteifio, circuit judge, each and all of the defendants-appellants herein suffered jeopardy on charges of:

(1) Conspiracy to commit crime contrary to sections 23 (1) and 24 (1) of the Criminal Code, 1960 (Act 29);

(2) Causing harm to dead body contrary to section 285 of Act 29.

The offence of conspiracy is committed under section 23 (1) of Act 29,

"If two or more persons agree or act together with a common purpose for or in committing or abetting a crime, whether with or without any previous concert or deliberation...”

In Halsbury's Laws of England (3rd ed.), Vol. 10 at pp. 310 – 311, para. 569 there occurs the following treatment of the offence:

“If two or more persons agree together to do something contrary to law, or wrongful and harmful towards another person, ... The persons who so agree commit the crime of conspiracy . .
The gist of the offence lies in the bare engagement and association to d…
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