CSS 152 MAIN.pdf - National Open University of Nigeria

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CSS 152 INTRODUCTION TO NIGERIA CRIMINAL LAW during the transaction, though not at the moment the actus reus was accomplished. The Indian case of Khandu (1890) ILR Bombay 196 and the Rhodesian case of Shorty (1950) SR 280 were ordinarily decided on the basis of the principle of the concurrence of the physical and mental elements and the accused persons were not found guilty as charged. But the case of the Thabo Meli v. R. i1954) 1 WLR took a different view. The Privy Council said that the actus reus which caused the death of the deceased by exposure is part of a larger transaction of an earlier intention to kill him with a strike. See similar cases such as State v. Maselina (1968) 2 SA 558 and R. v. Church (1961) 1QB 59. SELF ASSESSMENT EXERCISE 3 1. Discuss the principle of the concurrence of the physical and mental elements and the exceptions. 2. What is the ratio for the court’s decision in the case of Khandu (1890) 1LR Bombay 196? 4.0 CONCLUSION Human behaviour in every society is regulated by a minimum code of conduct and in the case of any behaviour outside the scope of this minimum conduct, an offence is presumed to have been committed. In this unit, we demonstrated your understanding of the importance of the application of the general criterion of the elements of offence and how it is used in solving disputes about the unlawfulness of a particular act which complies with the definitional elements of crime and whether certain conducts falls within the scope of a generally recognized ground of justification with reference to crime. 5.0 SUMMARY From the study conducted in this unit, it is suitable to state that: 22 Every offence except strict liability offence has two elements. Those two elements are known as the physical element and the mental element. That there are various ways by which the physical element of an offence can manifest. There are some concepts which underlie the mental element.
CSS 152 INTRODUCTION TO NIGERIA CRIMINAL LAW The principle of concurrence emphasizes the fact of simultaneous occurrence of the physical and mental element. The principle of concurrence is not sacrosanct because of exceptions which have been developed over the years through case law. 6.0 TUTOR-MARKED ASSIGNMENT “A” intending to kill “B” strikes him with a sharp knife and thinking that “B” is dead whereas he has not died, throws his body into Qua Iboe River and “B” is now dead due to exposure, what is the position of the law relating to the principle of concurrence. 7.0 REFERENCES/FURTHER READING Fletcher, G. Rethinking Criminal Law. Okonkwo C. O & Naish (1990). Criminal Law in Nigeria. Ibadan: Spectrum Law Publishing. Smith & Hogan Criminal Law. UNIT 4 CLASSIFICATION OF OFFENCES The purpose of this unit is t examine the classification of offences and the basis of criminal responsibility. This is predicated on the fact that responsibility or liability shall lie where it shall happen to fall and shall not be shifted elsewhere. This unit shall be examined on the following items: CONTENTS Introduction 23
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CSS 152 MAIN.pdf - National Open University of Nigeria

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