Section 23 - Conspiracy

(1) 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, each of them commits a conspiracy to commit or abet the criminal offence.

(2) A person within the jurisdiction of the Courts can be convicted of conspiracy by agreeing with another person who is beyond the jurisdiction, for the commission of abetment of a criminal offence to be committed by them or either of them, or by any other person, within or beyond the jurisdiction.

(3) For the purposes of subsection (2) as to a criminal offence to be committed beyond the jurisdiction, “criminal offence” means an act which, if done within the jurisdiction, would be a criminal offence under this Act or under any other enactment.

Illustrations

Subsection (1)

1. If a lawful assembly is violently disturbed (section 204), the persons who take part in the disturbance have committed conspiracy to disturb it, although they may not have personally committed any violence, and although they do not act in pursuance of a previous concert or deliberation.

2. A and B agree together to procure C to commit a criminal offence. Here, A and B have both committed conspiracy to abet that criminal offence.

Subsection (2). A in Accra and B in Lagos agree and arrange by letter for the scuttling of a ship on the high seas, with intent to defraud the underwriters. Here A has committed a conspiracy punishable under this Act.