Damage to property is a serious offense that is addressed in the legal framework of many countries, including Ghana. In Ghana, the Criminal Offenses Act, 1960 (Act 29) contains provisions that specifically deal with causing unlawful damage to property. These provisions are outlined in Sections 172 to 175 of the Act.
Section 172 of the Act categorizes the offense of causing unlawful damage based on the value of the damage and the potential danger to life. It specifies that intentionally and unlawfully causing damage to property valued at not exceeding ¢1 million, or to no pecuniary value, constitutes a misdemeanor. However, causing damage to property exceeding ¢1 million in value is classified as a second-degree felony. Furthermore, if the damage is caused in a manner that poses a danger to life, it is considered a first-degree felony.
The Act provides a broad definition of "damage" in Section 173, which encompasses not only physical harm to the property but also any interference or interruption that renders the property temporarily or permanently useless, leading to additional expenses for restoration.
Section 174 further explains what constitutes unlawful damage. It clarifies that a person can be held liable for unlawful damage even if they are not in possession of the property in question. Additionally, it states that joint owners or owners in common with others can be guilty of unlawful damage, as well as sole owners who act with intent to injure or defraud others.
Section 175 addresses the amount of damage required for liability. It stipulates that the intention or causing of damage to a certain amount does not need to be directed at individual items but can be aggregated across multiple items. It also emphasizes that attempting to cause damage to a greater amount does not exempt an individual from liability for a lesser amount of damage caused.
In conclusion, the provisions outlined in the Criminal Offenses Act, 1960 (Act 29) serve to deter and penalize individuals who intentionally and unlawfully cause damage to property in Ghana. The Act's comprehensive definitions and explanations provide a framework for addressing such offenses and upholding the rule of law in the country.
-curated by Aisha Yakubu | Ghana Crimes
