04 Jun

Criminal Law I 2016/2017 Past Questions (Unilag)

(not to be taken as final) UNIVERSITY OF LAGOS FACULTY OF LAW LL.B DEGREE EXAMINATION FIRST SEMESTER: 2016/2017 SESSION. PUL 301 CRIMINAL LAW 1 ANSWER ANY FOUR QUESTIONS         TIME ALLOWED: 2HOURS 30 MINUTES. QUESTIONS AND HINTS ARE HERE.   QUESTION NUMBER ONE. “The concept of criminality among a people envisages revulsion of the proscribed […]

29 Dec

CRIMINAL LAW 1.1 GENERAL INTRODUCTION

CRIMINAL LAW I THE DEFINITION OF CRIME. As noted by Glanville Williams: the definition of crime is a difficult task to embark upon because the word “crime” is both vague and broad. “Crime” emanates from the Latin word “crimen” which means accusation. Section 2 of the Criminal Code uses the word “offence”. Defines it as: […]

29 Dec

CRIMINAL LAW 1.2 CULTURAL INCOMPATIBILITY OF OUR CRIMINAL LAWS

CULTURAL INCOMPATIBILITY OF THE NIGERIAN BELIEF AND THE CRIMINAL LAW INTRODUCED. (CONFLICTS) Involves asking the questions; What does the law say? What is the value of the people vis a vis the provisions of the law? R V oko 1938 4 waca page 71. The apparent impossibility of adopting our unwritten, diverse and dynamic laws […]

29 Dec

CRIMINAL LAW 1.4 PRINCIPLES OF CRIMINALIZATION

CRIMINALIZATION POLICY.   PRINCIPLES OF CRIMINALIZATION. Professor Joel Feinberg provided guiding principles that should work against prohibited behavior (ab). The harm principle. Legal moralism. Principle of offences to others. Principle of legal paternalism.   THE HARM PRINCIPLE. The word harm is both vague and ambiguous. Harm may ordinarily be defined as physical, mental or oral […]

29 Dec

CRIMINAL LAW 1.5 ATTEMPT

ATTEMPT. Section 4 of the Criminal Code provides; When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act but does not fulfill his intention to such an extent as to commit the offence, he is said […]

29 Dec

CRIMINAL LAW 1.6 CONSPIRACY

CONSPIRACY Section 516 to 518 renders those who conspire… Conspiracy has been defined in Majekodunmi V  R as: An agreement between two or more persons to effect an unlawful purpose or to effect a lawful purpose by an unlawful means. Although criminal law does not punish only intention, the law against conspiracy is done in […]

29 Dec

CRIMINAL LAW 1.7 PARTIES TO AN OFFENCE

PARTIES TO AN OFFENCE. In Nigeria, parties to an offence are divided into; Principal offenders. Section 7. Accessory after the fact. Section 10. This distinction is unlike that of England which divides them into principal in first and second degrees.   Section 7 of the Criminal Code provides; 7. When an offence is committed, each […]

29 Dec

CRIMINAL LAW 1.10 ASSAULT

ASSAULT. Provided for in chapter 25 of the Criminal Code. Section 252 of the Criminal Code provides: A person who threatens to or touches another directly or indirectly without his genuine consent… The person making the threat should have the apparent ability to carry out the threat. It goes further to provide that “force means” […]

29 Dec

CRIMINAL LAW 1.8 RIPPLE OFFENCES, ACCESSORIES

OFFENCES COMMITTED IN THE PROSECUTION OF A COMMON PURPOSE Section 8 of the Criminal Code. When two or more in the execution of a commonly agreed unlawful purpose, another offence which is a probable consequence is committed, they are deemed to have also committed the other offence. Also Section 18 of the criminal law of […]

29 Dec

CRIMINAL LAW 1.9 HOMICIDE, MURDER AND MANSLAUGHTER

Sections 306-320 of the Criminal Code provides for these. HOMICIDE: The dictionary defines homicide as the killing of a human being by another human being. Coke said that it is only a human being that can be a victim of murder. The law only penalizes unlawful and unjustified killing. As such there are a host […]