Criminal Law

Question 1

The components of men rea

Answer 1

Intention
recklessness
Negligence

Question 2

THE SOURCES OF LAW

Answer 2

(i) Common Law
(ii) Case Law
(iii) Statutes

Question 3

What is Common Law

Answer 3

Originated in the ancient customs and practices
of the Saxon who settled in England.

Question 4

What is Case Law

Answer 4

-These are the decisions of the higher courts, given in
the form of judgments,

Question 5

Define Statutes

Answer 5

These are laws made by Parliament, and are written
down.

Question 6

State and define The Sanction of the Law

Answer 6

i) Punitive (or retributive) - this is where the object is to punish; or
(ii) Compensatory, this is where the object is to compensate for a wrong

Question 7

What is a crime

Answer 7

rime?
“A crime is an act or omission forbidden by the Law under pains of
punishment”

Question 8

What is Tort

Answer 8

Tort on the other hand is a civil wrong against a person or persons
where the object of proceeding is to compensate”.

Question 9

What is Atcus Reus
And Men Rea

Answer 9

Whether the defendant committed the prohibited act (Actus Reus

Whether the defendant had the requisite state of mind (Mens
Rea)?

Question 10

What are the components of Actus Reus

Answer 10

Conduct - requires proof of the defendant’s action, which is a
central feature of most crimes. It must be consciously willed on
part of the defendant. In some cases, it may not require proof of
any result or circumstance e.g. the offence of “Driving without due
care attention” contrary to the MV&RT Act Chapter 48:50.
2.
Circumstance - requires that an individual’s conduct takes place
within a set of circumstances (state of affairs) e.g. One integral
ingredient in the offence of Larceny is that of lack of consent. In R
v Larsonneur (1933), D was guilty of being in the UK illegally as
an alien despite being forcibly brought there by immigration
authorities. Furthermore, in Winzar v Chief Constable of Kent
(1983), D was convicted of being found drunk in a public place,
even though he was placed there by police oflicers after being put
out of a pub.
eri
Consequence (Result) - this includes offences such as Homicide
and Assault requiring proof of a result as part of the Actus Reus
i.e. the offender must be shown to have caused the death of the
victim or to have caused the injuries suffered by the victim. It
must be shown that the offender is the legal cause of death or the
injury i.e, causation must be proved.

Question 11

What is causation?

Answer 11

The issue is to determine whether the offenders conduct or act caused the
unlawful consequence or fulfill the circumstances.

Question 12

What is MENS Rea

Answer 12

Mens Rea is Latin for ‘guilty mind’ and traditionally refers to the state of mind of
the person committing the crime.

Question 13

What is Strict Liability?

Answer 13

Definition:
Strict liability means with regard to at least part of the Actus Reus of a crime where there
is no requirement to establish any Mens Rea or even negligence i.e. there is no
requirement to establish intention, recklessness or even negligence-

Question 14

What is Absolute Liability

Answer 14

A crime of absolute liability is one where the Mens Rea is not required at all, not even to
the extent of requiring a voluntary Actus Reus.

Question 15

Vicarious Liability

Answer 15

Generally, the concept of vicarious liability is applicable to the law of Tort; it is only
applicable to Criminal law when the “Delegation principle” is adopted.

Question 16

Administrative Classifications:

Answer 16

a. Serious Reported Crimes (SRC):
these are crimes that are
serious in nature i.e. murder, rape, arson, kidnapping, treason ete.
b. Minor Crime (MC): those offences which are not serious crimes,
but are not trivial in nature i.e. indecent assault, possession of
house breaking implements, praedial larceny, escaping lawful
custody, unlawful possession.
c. Minor Offence (MO): those offences which are considered to be
trivial in nature i.e. obscene language, assault by beating.
throwing missiles, loitering, resisting arrest.
d. Traffic Offence (TO): those regulatory offences provided for
under the MV & RT Act and Regulations Chapter 48:50 as
amended.

Question 17

Explain mode of trail

Answer 17

These are the less serious offences which are tried by a
Magistrate and punishable by summary conviction. Generally, a police
officer cannot arrest without a warrant for these oftences, unless
committed within his view, or specifically authorized by statute.
Examples: Obscene Language, Throwing Missiles, Disorderly
Behaviour, Assault by Beating, Resisting Arrest
(ii) Indictable: Those serious offences which specify a penalty to be
imposed on indictment and are tried by a Judge and Jury in the high
Court.
Examples: Murder, Rape, Arson, Kidnapping, Treason.
N.B. Al common law offences are Indictable offences.
(iii) Hybrid: Those statutory indictable offences which are triable either
way. That is in the High Court or the Magistrate’s Court. The choice
of trial is with the consent of the accused and at the discretion of the
Magistrate. These offences can be identified where statutes specify a
penalty upon summary conviction and an alternative penalty upon
conviction on indictment.

Question 18

What is a non arrest-able offense and and arrest able offense

Answer 18

Arrestable Offence: Any capital offence, or any offence, for which a person not
previously on e, say by ve any any pite a be surented to imprisonment for
Examples - Murder, Rape, Arson, Kidnapping, Treason
Non-Arrestable: Any offence which carries a penalty of less than five (5) years
imprisonment.
Examples: Obscene Language, Assault by Beating, Throwing Missiles, Disorderly
Behaviour, Resisting Arrest.
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Question 21

Define
GENERAL DEFENCES

Answer 21

The elements of any crime are the coincidence of
Actus reus and Mens rea, and the absence of any
element will give rise to their not being a prima
facie case
An accused person may rebut their case by the use
of any defence, which may show the absence of
actus reus and mens rea

Question 22

There are 11 defences available to an accused person.
They are:

Answer 22

Accident ACCIDENTS
Infancy IN
Mistake MAYARO
Automatism AND
Consent CARENAGE
Coercion CAUSES
Duress DIRECT
Intoxication INTERNAL
Infanticide INJURIES
Insanity IN
Self defence SKULLS

Question 24

ACCIDENT

Answer 24

It must have occurred during the performance of a
lawful act carried out with due care
The defendant must have no criminal intent
Onus probandi is on the defendant
Does not apply to reckless or negligent conduct
E.g. Innocent person injured in crossfire with the
police

Question 25

AUTOMATISM

Answer 25

An act done by the muscles without any control by the mind e.g. spasm, reflex action, convulsion. An act done by a person who is not conscious of what they are doing e.g. an act done whilst someone is suffering from a convulsion, or whilst sleepwalking. Involuntary movement of the body or limbs of a person. Behaviour performed in a state of mental unconsciousness or lack of awareness Leads to complete acquittal. Also referred to as non-insane automatism.

Question 26

THERE ARE THREE TYPES OF AUTOMATISM:

Answer 26

PARTIAL AUTOMATISM. SELF-INDUCED AUTOMATISM. FORESEEABLE AUTOMATISM.

Question 27

SELF-INDUCED AUTOMATISM

Answer 27

The defence will not be available if it was caused by the accused’s own fault Where the accused brings about the automatism, it will depend on whether they knew it was a risk of getting into such a state Conduct must not amount to recklessness E.g – loss of control because of drinking too much, or taking illegal drugs Can be available if the reaction is unexpected

Question 28

What is FORESEEABLE AUTOMATISM

Answer 28

Where a person can foresee result but continue to do the action, the defence will not be available E.g where Tom felt himself slipping into a diabetic coma but continued to drive in a careless manner, and appeared that he did not take the necessary precautions, so the defence of automatism was not available

Question 29

PARTIAL AUTOMATISM

Answer 29

A particular circumstance that leads to the person to only have partial control over a situation E.g Tom was charged with Dangerous driving but said he could not remember the incident.

Question 30

INFANCY

Answer 30

A child under the age of 8 years is deemed to be incapable of committing a crime (DOLI INCAPAX) It is an Irrebuttable Presumption- No evidence can be used to prove the contrary. A child 8 – 14 years old is presumed to be incapable of committing a crime but it can be rebutted in law. A child 14 years and over is fully capable for his actions and liable for the offences committed

Question 31

What is self defense

Answer 31

At common law the defence of self defence operates in three spheres It allows a person to use reasonable force to: (1) Defend himself from an attack (2) Prevent an attack on another person (3)Defend his property SELF DEFENCE WILL BE A VALID DEFENCE IF THE ACT WAS DONE TO PREVENT A CRIME

Question 32

NECESSITY

Answer 32

The defendant is arguing that it was necessary for him to commit a crime. E.g. A Prisoner escapes from a burning prison , he may raise the defence of necessity as it was necessary for him to escape. Three requirements: (1) The act is needed to avoid inevitable and irreparable evil (2) No more should be done than is reasonably necessary for the purpose to be achieved (3) The evil inflicted must not be disproportionate to the evil avoided

Question 33

What is duress

Answer 33

DURESS ▪ Is a complete defence operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threat of another. ▪ It applies to all offences except Murder, Attempted Murder, Treason ▪ All those who choose to break the law should be held responsible for the crimes that they commit. The rationale of this defence, however is that the choice was not wholly the defendant’s ▪ It was not voluntary action.

Question 34

What’s is MISTAKE under the offense a person can be charged for

Answer 34

Mistake of fact can sometimes be a defence ▪ Where the defendant acts out of a mistaken belief of the circumstances it may afford him the defence. ▪ The defendant acts under a mistake when he is prevented from forming the mens rea of the crime. EXCEPTION TO THIS DEFENCE : Mistake to law as, ignorance of the law is no excuse

Question 35

CONSENT

Answer 35

Used as an Excuse to prevent the defendant from incurring liability Mostly used in sexual cases, where the lack of consent is the essence of the crime

Question 36

Y The defence of insanity is a general defence which is available to all crimes. Where a defendant is found to be insane, the jury are directed to give a special verdict of not guilty by reason of insanity. Plea of Insanity can be raised by the prosecution, defence and the judge.

Question 37

Define larceny

Answer 37

"A person steals who, without the consent of the Owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen, with intent, at the time of the taking permanently to deprive the owner thereof; But a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owners. "

Question 38

What are the point to prove larceny

Answer 38

To prove the offence of Larceny, the main ingredients are: - - Ownership - Value - Asportation - Without the consent of the owner and without a claim of right made in good faith - Intent to deprive the owner permanently - Anything capable of being stolen.