The sanctity of life is the cornerstone of every just society. In Ghana, as in many common law jurisdictions, the criminal justice system aims to protect this principle through the laws governing homicide.
However, one archaic principle threatens to undermine it: the One Year One Day Rule. Rooted in English common law, this rule limits the prosecution of homicide where the death of a victim occurs more than a year and a day after the causative act.
This article argues that the rule is outdated, illogical, and incompatible with modern medical science and legal reasoning.
It calls for its complete abolition from Ghana’s legal system to reflect contemporary standards of justice.
Understanding the One Year One Day Rule
The One Year One Day Rule posits that no person can be tried for murder or manslaughter if the victim dies more than a year and a day after the act or omission that caused the injury.
The logic, historically, was based on the limitations of medical science and forensic evidence during the medieval period, where causation beyond such a time frame could not be reliably proven.
Today, however, this reasoning no longer holds water. Advances in medicine and forensic pathology make it entirely possible to establish a clear link between a person’s conduct and a victim’s death, even years later.
Yet, the rule may still bar justice in Ghana unless expressly removed.
The Ghanaian context
Ghana’s Criminal Offences Act, 1960 (Act 29) does not explicitly include the One Year One Day Rule. However, as a common law jurisdiction, Ghana has historically absorbed many English doctrines, including this one through Section 54 of the Courts Act, 1993 (Act 459), which allows for the application of common law rules where not inconsistent with local statutes.
Although there may not be a flood of cases invoking this rule, its continued existence creates potential loopholes in situations where delayed deaths arise, particularly in medical negligence, domestic abuse, or attempted murder cases where the victim survives for an extended period before succumbing to injuries.
Comparative jurisprudence
Several jurisdictions have recognised the injustice the rule causes and have taken steps to abolish it:
England and Wales: Abolished by the Law Reform (Year and a Day Rule) Act 1996.
Republic of Ireland: Abolished in 1999.
New Zealand: Abolished by Crimes (Year and a Day Rule) Amendment Act 2018.
South Africa and many civil law countries never recognised the rule at all.
These reforms were driven by the realisation that justice should not be timed by arbitrary common law limitations, especially where causation and intent can be scientifically proven.
Why the Rule must be abolished in Ghana
1. It Undermines justice
If a person commits a violent act leading to death two years later, justice should still be served if causation is clear. The rule allows perpetrators to escape liability merely because their victim survived “too long.”
2. Medical advancements make it obsolete
Modern science can link conduct to delayed death with precision through autopsy, medical records, and expert testimony, nullifying the original rationale for the rule.
3. It conflicts with the right to life
Article 13 of the 1992 Constitution of Ghana affirms the inviolability of human life. Any rule that hinders justice for unlawful deaths erodes this constitutional protection.
4. It is out of step with reform trends
Ghana’s legal system is already undergoing reviews to repeal outdated laws (e.g., criminal libel, witchcraft accusations). Retaining the One Year One Day Rule is a step backward, not forward.
Proposed legal reform
Ghana’s Parliament or Attorney-General’s Department should initiate legislation that:
Expressly abolishes the One Year One Day Rule in homicide and related prosecutions.
Amends Act 29 to clarify that death may occur at any time after a causative act, provided causation is medically or legally proven.
Introduces a prosecutorial safeguard, such as requiring Attorney-General’s consent to prosecute delayed-death cases (as done in England), to prevent abuse.
Conclusion
Justice should never be subject to an artificial time limit. The continued tolerance of the One Year One Day Rule in Ghana serves no meaningful purpose and only creates opportunities for impunity.
Ghana’s legal system must reflect the principle that life is sacred and accountability should follow wherever death results from unlawful acts, regardless of time.
The time to abolish the rule is not tomorrow. It is now.
Nuworza medo ooo
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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
