Drafting Inchoate Offences
Introduction:
This note highlights how to draft inchoate offences in a charge sheet. The offences to be discussed are conspiracy, abetment, attempt, and preparation.
1. Attempt to Commit a Criminal Offence
A. Charging Section:
Section 18(2) of the Criminal Offences Act, 1960 (Act 29).
B. Definition Section:
Per Section 18(1),
(1) A person who attempts to commit a criminal offence shall not be acquitted on the ground that the criminal offence could not be committed according to the intent
a. by reason of the imperfection or other condition of the means, or
b. by reason of the circumstances under which they are used, or
c. by reason of the circumstances affecting the person against whom, or the thing in respect of which the criminal offence is intended to be committed, or
d. by reason of the absence of that person or thing.
Note that at least one of the grounds stated here for which reason the person could not fully commit the criminal offence must reflect in writing the particulars of offence.
C. Sample Statement of Offence and Particulars of Offence:
STATEMENT OF OFFENCE
ATTEMPT TO [INSERT SUBSTANTIVE OFFENCE HERE]: CONTRARY TO SECTIONS 18(2) AND [INSERT THE CHARGING SECTION OF THE SUBSTANTIVE OFFENCE] OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29).
PARTICULARS OF OFFENCE
KOFI BROKEMAN, Accountant: On or about 11 th March 2025, at Dome Pillar in the Greater Accra Region and within the jurisdiction of this court, did attempt to [Insert Name of Substantive Offence. e.g Steal. If stealing, you add details like amount and to owner of the amount] but could not achieve same according to your intent due to the fact that [Insert Reason for Failure as Contained in Section 18(1). In doing this, Model the Facts to Fit the Reason. E.g “inability of the duct tape to pick up the cash on the table.” This reason is on the impaction of the means that was being employed to steal]
2. Preparation for Committing Certain Criminal Offences:
A. Charging Section:
Section 19 of the Criminal Offences Act, 1960 (Act 29).
B. Definition Section:
In the same Section 19, it is provided that:
A person who prepares or supplies, or has in possession, custody, or control, or in the possession, custody or control of any other person on behalf of that person, any instrument, materials, or means, with the intent that the instruments, materials, or means, may be used by that person, or by any other person, in committing a criminal offence by which life is likely to be endangered, or a forgery, or a felony, commits a criminal offence and is liable to punishment in like manner as if that person had attempted to commit that criminal offence.
STATEMENT OF OFFENCE
PREPARATION TO COMMIT A CRIME TO WIT [INSERT SUBSTANTIVE OFFENCE HERE. OFFENCES SUCH AS ROBBERY, MURDER ETC QUALIFY]: CONTRARY TO SECTIONS 19 AND [INSERT THE CHARGING SECTION OF THE SUBSTANTIVE OFFENCE] OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29).
PARTICULARS OF OFFENCE
KOFI BROKEMAN, Accountant: On or about 11 th March 2025, at Dome Pillar in the Greater Accra Region and within the jurisdiction of this court, did possess a [INSERT INSTRUMENT OR MEANS HERE] with intent to use it to commit [INSERT SUBSTANTIVE OFFENCE HERE]
3. Abetment of a Criminal Offence:
A. Charging Section:
Section 20(1) of the Criminal Offences Act, 1960 (Act 29).
B. Definition Section:
Per the same Section 20(1), there is abetment of a criminal person if:
A person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any other manner purposely aids, facilitates, encourages, or promotes, whether by a personal act or presence or otherwise, and a person who does an act for the purposes of aiding, facilitating, encouraging, or promoting the commission of a criminal offence by any other person, whether known or unknown, certain, or uncertain, commits the criminal offence of abetting that criminal offence, and of abetting the other person in respect of that criminal offence.
Note that the words instigate, command, counsel, procure, solicit, aid facilitate, encourage or promote must form part of the particulars of offence.
C. Sample Statement of Offence and Particulars of Offence:
STATEMENT OF OFFENCE
ABETMENT OF [INSERT SUBSTANTIVE OFFENCE HERE]: CONTRARY TO SECTIONS 20(1) AND [INSERT THE CHARGING SECTION OF THE SUBSTANTIVE OFFENCE] OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29).
PARTICULARS OF OFFENCE
KOFI BROKEMAN, Accountant: On or about 11 th March 2025, at Dome Pillar in the Greater Accra Region and within the jurisdiction of this court, did [INSERT ONE OF THE ACTS THAT AMOUNT TO ABETMENT. E.G FACILITATE, INSTIGATE, COMMAND, COUNSEL, ETC] to [INSERT THE SUBSTANTIVE OFFENCE. E.G CAUSE HARM TO ZIYAAD IBN SHIRAZ].
4. Conspiracy:
A. Charging Section:
Section 23(1) of the Criminal Offences Act, 1960 (Act 29).
B. Definition Section:
Per the same Section 23(1), there is conspiracy “where two or more persons agree to act together with a common purpose for or in committing or abetting a criminal offence, whether with or without a previous concert or deliberation.”
Elements are therefore:
i. Agreeing to act together
ii. With a common purpose.
iii. To commit or abet a criminal offence.
C. Sample Statement of Offence and Particulars of Offence:
STATEMENT OF OFFENCE
CONSPIRACY TO [INSERT SUBSTANTIVE OFFENCE HERE]: CONTRARY TO SECTIONS 23(1) AND [INSERT THE CHARGING SECTION OF THE SUBSTANTIVE OFFENCE] OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29).
PARTICULARS OF OFFENCE
(1) KOFI BROKEMAN, Accountant (2) KOFI APPIAH @ Killer, Cleaner: On or about 11 th March 2025, at Dome Pillar in the Greater Accra Region and within the jurisdiction of this court, did agree to act together with a common purpose to [INSERT NAME OF SUBSTANTIVE OFFENCE. E.G STEAL. IF STEALING, YOU ADD DETAILS LIKE AMOUNT AND TO OWNER OF THE AMOUNT]
From the above, note that conspiracy charges always go with a substantive offence. So you cannot charge a person with just conspiracy. It must be conspiracy to commit an offence such as murder, rape, steal, forge other documents, cause harm, among others. In the Statement of Offence, always mention the charging section of conspiracy and the charging section of the substantive offence.