Last edited by Milmaran
Wednesday, May 13, 2020 | History

3 edition of Mens rea in statutory offences in Nigeria found in the catalog.

Mens rea in statutory offences in Nigeria

C. S. Ola

Mens rea in statutory offences in Nigeria

by C. S. Ola

  • 116 Want to read
  • 33 Currently reading

Published by Malthouse Press in Lagos .
Written in English

    Places:
  • Nigeria.
    • Subjects:
    • Criminal intent -- Nigeria.,
    • Criminal liability -- Nigeria.

    • Edition Notes

      Includes bibliographical references and index.

      StatementC.S. Ola and O.A. Ola.
      SeriesStudies in Nigerian criminal law and criminal science, Malthouse law series
      ContributionsOla, O. A.
      Classifications
      LC ClassificationsKTA3867 .O4 1990
      The Physical Object
      Paginationxxiii, 116 p. ;
      Number of Pages116
      ID Numbers
      Open LibraryOL1654007M
      ISBN 109782601187
      LC Control Number91213777

      a) The offence of outraging public decency is presumed to have a mens rea requirement. b) The defendant is presumed to have formed mens rea. c) Even where a statutory offence has no express mens rea word, the offence is presumed to have a mens rea requirement. 1. Requisite mens rea in the early law. 2. Beginnings of the mens rea concept. 3. Subsequent development of a general mens rea as necessary for crime. 4. Application of the general concept to some individual crimes, 5. Application of the general concept regarding some specific de-fenses. 6. Some general present day applications of the term. g: Nigeria.

      Strict liability arises if mens rea is not required in relation to one or more elements of the actus reus of an offence. In many cases, the defendant may be convicted regardless of whether his conduct was intentional, knowing, reckless or negligent with respect to a requisite element of the offence charged. This chapter explains strict liability and how it differs from absolute : Richard Card. Judgement of the Court. Delivered by. George Adesola Oguntade, J.S.C. The Appellant, Bolanle Abeke, was charged on an information, before the Abeokuta High Court of Ogun State for an offence under Section 1(1)(b) of the Dishonoured Cheques (Offences) Act No. 44 of It was alleged that the appellant obtained a credit of N3, (three thousand; three hundred Naira) from one Ganiyu.

      Applying s(2), it is irrelevant whether the person has a belief as to which of the offences they are specifically encouraging or assisting as the mens rea is a general belief. Defence Section 50 of the Serious Crime Act provides a general defence to the encouraging and assisting offences where the defendant’s actions were. Strict liability crimes are crimes which require no proof of mens rea in relation to one or more aspects of the actus reus. Strict liability offences are primarily regulatory offences aimed at businesses in relation to health and safety. Also many driving offences are crimes of strict liability eg. speeding, driving without insurance. The use of strict liability in criminal law is Missing: Nigeria.


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Mens rea in statutory offences in Nigeria by C. S. Ola Download PDF EPUB FB2

Mens rea in statutory offences in Nigeria. [C S Ola; O A Ola] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Search for a Library.

Create lists Book\/a>, schema:CreativeWork\/a> ; \u00A0\u00A0\u00A0\n library. Ola, C.S. Mens rea in Statutory Offences in Nigeria Lagos: Malthouse Press, Employment/Labour Law Emiola, A.

Nigerian Labour Law Ibadan: Ibadan University Press, Mens Rea in Statutory Offences Hardcover – January 1, by L. Radzinowicz (Author) See all formats and editions Hide other formats and editions.

Price New from Used from Hardcover, January 1, "Please retry" Author: L. Radzinowicz. List of Must-Read Law Books for Every Nigerian Chief Editor 0 Comments books on nigerian legal system, buy law books in nigeria, law Books: Criminal Responsibilities and Defences under the Nigerian Law and Mens rea in Statutory Offences in Nigeria.

Mens Rea in Statutory Offences Hardcover – January 1, by J. Edwards (Author) See all formats and editions Hide other formats and editions. Price New from Used from Hardcover, Import, January 1, "Please retry" Author: J. Edwards. Introduction. As indicated in previous chapters, under the principle actus non facit reum nisi mens sit rea, fault is generally required for criminal common-law offenses of strict liability exist.

However, the exception of strict liability continues to exist in our law in the context of statutory g: Nigeria. Additional Physical Format: Online version: Edwards, J. (John Llewelyn Jones), Mens rea in statutory offences. London: Macmillan ; New York: St. Martin. Mens rea refers to the mental element required to be proved by the definition of the crime.

By the definition of the crime, I am referring to the statutory provision that describes what the offence is. If the prosecution cannot prove this element, then their case fails.

Also, mens rea differs from crime to crime and is contained in the definition of the crime. Where the consequences are different from those foreseen, Mens rea alone not enough. Vicarious liability at common law. General principles of liability at common law, conclusions.

In Statutory Offences: A. Actus reus in statutory offences: B. Mens rea in statutory offences. Foresight of consequences in statutory Size: KB. Most crimes require what attorneys refer to as "mens rea," which is Latin for a "guilty mind." In other words, what was the defendant's mental state and what did the defendant intend when the crime was rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally set out to commit a g: Nigeria.

[21] It is worth noting that Congress is currently considering a proposal that would require the U.S. Attorney General and the heads of all federal regulatory agencies to compile a list of all criminal statutory and regulatory offenses, including a list of the mens rea requirements and all other elements for such offenses, and to make such indices available and freely accessible on the Missing: Nigeria.

In Nigerian since all offences are statutory in line with section 36(12) of the constitution, the section of the law must be examined to discover the mens rea component of the offence.

This is usually represented by expressions which includes but not limited to “willfully” “knowingly” “fraudulently” “intentionally” etc. In such a case, the presumption of mens rea in statutory offences would in turn be an exception to that exception.

Presumption not used un Statutory Offences – an exception This situation is one in which a statutory offence is committed and the presumption requiring mens rea is not used to decide the g: Nigeria. Mens rea generally signi-fi es blameworthiness, although in R v Kingston [] 3 All ERthe House of Lords confi rmed that the accused was guilty of an offence requiring the prosecution to prove intention, although he was morally blameless.

Mens rea is the mental element, which varies from one offence to another; but generally, for the File Size: KB. of statutory offences namely, " mens rea ", "strict liability (or 'halfway house'" and "absolute liability". If mens rea is not an element of the offence, the common law defence of honest and reasonable mistake is nevertheless available unless the offence is one of absolute Size: KB.

Mens Rea Principle and Criminal Jurisprudence in Nigeria those tribes when tort and crime were regarded as one and the same. It seems it was when the distinction between the two emerged, together with the idea of compensating victims as distinct from imposing penalty, that the requirement of mens rea took on increasing importance.

strict liability are so conflicting that it is impossible to abstract any coherent principle on when this form of liability arises and when it does not” 3 The law of crimes in Nigeria would seem not to have the common law presumption of mens rea in offences generally, as applicable.

4 Nigeria, having aFile Size: KB. click links given below for important law books. affiliate Best Book For Evidence Act 1. Best Book for Code Missing: Nigeria. Mens rea in Statutory Offences in Nigeria by Ola, C.S. Lagos: Malthouse Press, You are in safe hands, why not give us a call today and have us deliver your order to your requirement.

Call Matthew onMens rea is another Latin phrase, meaning "guilty mind". It is the mental element of committing a crime and establishes the element of intent. Together with an actus reus, mens rea forms the bedrock of criminal law, although strict liability offenses have encroached on this notion.

A guilty mind means intending to do that which harms someone. Intention under criminal law is separate from a Missing: Nigeria. Mens rea, a guilty mind or intent; usually one of the essentials of a crime. Mens rea is only one of two components of a crime, the other being the actus reus.

The actus reus looks at the physical component of a crime, whereas the mens rea looks at the mental element of a g: Nigeria.Show more.

A common law principle. Last modified on 8 December, There is a common law presumption that ‘mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence’. The general requirement of mens rea is said to be ‘one of the most fundamental protections in criminal law’, and it reflects the idea thatMissing: Nigeria.

Presentation on Mens-rea 1. Criminal law. 2. Definition of Mens-rea. Mens-rea means “An intention to do a forbidden act. ” The term “Mens-rea” is not defined in the Indian Penal code.

It is defined as the mental element necessary to constitute criminal liability. According to Missing: Nigeria.