Monday, October 8, 2018

Exceptions from Criminal liability

Exceptions from Criminal liability
This can be summed up as follow
1. Insanity
2. Infancy
4. Ignore or mistake
5. Compulsion or duress

1. Insanity

The law presume sanity and therefore it is for the Defence to prove insanity. To establish a defence on the ground of insanity we must prove beyond doubt that at the time of committing the act
The accused was Labouring under such a defect of Reason from disease of mind is not to know the nature and guiltiness of the act he was doing or if he did know it he didn't know what he was doing was wrong.
Criminal proceedings cannot be taken against a man who has become insane.
hysterical amnesia resulting in loss of memory with regard to the effects which are the subject of the charge can not of itself constitute insanity.
Uncontrollable impules is not a defence in 

2. Infancy

A child under seven years is irrebuttably assumed to be young to be guilty of a criminal offence
Children between 15 and 21 are fully responsible from a criminal point view but there are restrictions about the punishment which may be imposed upon person's under 17

3. Drunkenness

Drunkenness in the ordinary sense, no excuse for the commission of a criminal act since it is produced voluntarily but if it is produced by others through no fault of the accused it is a good defence

4. Ignorance or mistake

Or mistake of law will never excuse but mistake of fact will excuse if the mistake was responsible and was such that had that supposed circumstances been real the action would have been no lawful 
5.compulsion or duress
someone who commits a crime not of his own free will because he is forced by someone also to do so is excused

Specific offences

Offences maybe
1. Against the state
against the person
against property 
Offences against the state include the following
1. Offences against the government such as treason, sedition, coinage offences

2. Offences against puplic peace such as rout and riot affray blackmail libel
3. Offencesagainst public Justice such as perjury
4. Offences against international law
5. Conspiracy
6. offence of vagrant
Offences against the person include homicide , murder, suicide child destruction, infanticide, concealment of birth attempt to procure abortion, sexual offences assaults , motoring offence and bugamy
Offences against property and these include larceny, robbery embezzlement, falsification of accounts, obtaining credit by fraud, cheating receiving stolen property forger uttering, arson, housebreaking 


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