GHANA SCHOOL OF LAW ENTRANCE EXAMINATION REVISION 23RD SESSION- JUDICAL PRECEDENT AND CRIMINAL LAW

PART ONE
THE ROLE OF PRECEDENT

READINGS
• The 1992 constitution of the Republic of Ghana.
• The Courts Act, as Amended.
• Ghana Legal System and Legal Methods, Owusu-Dapaah and Freduah Kwarteng,
Chapter 9
• Emmanuel Kwabena Quansah, The Ghana Legal System (Accra, Black Mask Ltd.,
2011) pages 153 to 167
• Judicial Precedent in Ghana, Taylor J.N.K [1991-1992] Vol. XVIII RGL 159-192 .
INTRODUCTION
JUDICIAL PRECEDENT AND STARE DECISIS
• Decisions of other courts guide other courts in subsequent cases. Inspiration is also
drawn from them.
• The common law established the system of stare decisis which literally means to
stand by matters already decided.
• Under this doctrine, courts abide by former precedent on the same pints of law in
previous suits.
• The doctrine of judicial precedent or stare decisis as inherited from the English
common law is a doctrine by which under certain circumstances, previous judicial
decisions are considered binding on courts.
• Stare decisis et non quieta movere, which literally means to adhere to what has
already been decided and not to unsettle established things is a policy in which the
courts decide to stand by precedent and not to disturb an established point of law.

PART 2
DR OWUSU-DAPAA’S FREE LAW REVISION LESSONS FOR LAW SCHOOL ENTRANCE EXAMINATION 2020

PREVIEW OF CRIMINAL LAW QUESTIONS

GENERAL Q
1. All the following are involuntary agent except
A. Animal
B. Car
C. 10 year old boy
D. Pregnant woman [ CHOSEN]

[ Hint: S 13 (2) - causing an event, s26-infant , 52 (d)- nursing mother of less than 12month baby etc]
2. Consent for purposes of criminal act or criminal intent
Read Section 14 of Act 29

Question Twenty-Seven

In terms of the Criminal Offences Act 1960 (Act 29), what is the effect of mistake of fact?
(a) It is no defence to a criminal charge
(b) It is a complete defence to a criminal charge [CHOSEN]
(c) It is a partial defence to a criminal charge
(d) It reduces the offence charged to a lesser one

[S 29 ( ignorance of fact or mistake); Nyameneba & Ors v The State ] as opposed to ignorantia juris non excusat]

Question Twenty-Eight

What type of crime would be classified as strict liability crime?
(a) One with mens rea and actus reus
(b) One with mens rea without actus reus
(c) One with actus reus without mens rea [CHOSEN]
(d) One which is regulatory in nature.
FOR FURTHER ASSISTANCE CONTACT ME 0574604820 OR 0555205576

[SamuelYeboah-jf]

MAY THE LORD REWARD YOU BEYOND YOUR IMAGINATION. SIR MY QUESTION IS, DOES THE DECISION OF THE SUPREME COURT BINDS COURT OF APPEAL?