CRIME

Crime is what we call it to be.

It is any action which could lead to criminal proceedings,whereby the outcome may

be acquittal or conviction.A crime is a legal wrong for which may result to

punishment when convicted. A wrong is only a crime when that wrong has been

already prohibited by law and punishment for that wrong has been prescribed1.

Morality and crimes

An act may be morally wrong but not a crime.

Criminal and civil law

Some wrongs may be both criminal and civil. Others may be either only civil or

criminal.

Classification of offenses

1. Offenses punishable by death. E.g treasonable offenses,murder

2. First degree felonies. E.g murder, manslaughter,rape,use of offensive weapon,etc

3. Second degree felonies. E.g. stealing, robbery,defilement

Punishment: minimum 5 years maximum 25 years

4. Misdemeanor. E.g threat of harm, assault, abduction.

5. Offenses punishable by fine

1
Article 19 of the 1992 Constitution
Double jeopardy

It rests on the principle that nobody should be punished twice for the same offence.

Nulli Prosiquire: That’s when the attorney general withdraw an action in court while

proceeding is ongoing.

Withdrawal: when the prosecution withdraws the case before acquittal or conviction.

Exception to the doctrine of double jeopardy

Article 19(7) of the 1992 Constitution provides exceptions to this rule

1. Where the court that tried the previous offence was not a court of competent

jurisdiction

2. Where a superior court orders a new trial as part of appeal or review proceedings

related to the original conviction or acquittal.

NB; the onus is on the accused to prove this doctrine

3. Section 115 of Act 30, where a crime was not known at the time of a trial which

relates to the subject matter in court at that time, the matter for the newly discovered

crime relating to the first trial may be tried again.

ELEMENTS OF CRIME

There are two cardinal principles:

1. Actus reus

2. Mens rea

NB; I. The two principles must meet for a person to be convicted of a crime.

Ii. In strict liability crimes, mens rea is irrelevant to be present. Once you committed

the offence, that is enough.

CRIMINAL INTENT

A person intends the natural and probable consequences of his actions.

Section 11 of Act 29

1. DIRECT INTENT(section 11(1) of Act 29)

Where you intended to take a particular action and that action eventually ensues, it is

assumed you intended that act. It does not matter if the perpetrator believed that the

action is unlikely to cause, he will be deemed to have intended that action.

Example

If someone is on drugs/juju with the purpose of not dying if he gets shot, if you shoot

such a person, and he actually dies, the perpetrator will be deemed to have intended to

kill him regardless of his belief that he thought he wouldn’t die because of the drugs

or juju he had done.This is because death is a likely and probable cause of shooting.

2. OBLIQUE INTENT(section 11(2) of Act 29)

This is the indirect foreseeable action of a person.

So you take an action with the intention for something to happen, but something else

happens, you will be held liable even for the something else that will ensue.
EXAMPLE

Where a couple want to stop giving birth and as it stands now, the wife gets pregnant,

the couple wants to terminate the baby and so the husband administers a drug to the

wife with the intention to kill the baby. Unfortunately the wife also dies, even though

the man only intended to kill the baby, he will be deemed to have killed his wife.

3. INDETERMINATE OR GENERAL INTENT(SECTION 11(4)

Where a person intends to cause harm to a group of people and one of them suffers

the harm, it will be deemed as that person intended to harm that one person even

when the victim was not his target.

4. TRANSFERRED INTENT