ARCHIVES
VOL. 9, ISSUE 1 (2023)
Analysis of the no liability without fault in criminal responsibility relative to the problem of concurrence of the physical and mental elements under section 24 & 25 of the Nigerian criminal code
Authors
Akuchie Henry A
Abstract
This paper dealt with the discussions of criminal responsibility with regards to no liability without fault. It is always critically important that there should be concurrence of the mental and physical elements of a crime. This is of the utmost importance for the protection of the liberty of the subject, that a court should always bear in mind that unless a statute either clearly or by necessary implication rules out men’s rea as a constituent party of a crime, the court shall not find a man guilty of an offence against the criminal law unless he has a guilty mind. In analyzing the above postulation, this paper further dealt with the idea of whether to ground the crime charged, the presence of both the physical and mental elements have to be simultaneous i.e. to concur at the same time of committing the offence. With further interrogation on this issue, the author takes the position based on many legal authorities and precedents that even though there is the need for concurrence of the mental and physical elements however, these elements do not have to be simultaneous.
Download
Pages:133-137
How to cite this article:
Akuchie Henry A "Analysis of the no liability without fault in criminal responsibility relative to the problem of concurrence of the physical and mental elements under section 24 & 25 of the Nigerian criminal code". International Journal of Law, Vol 9, Issue 1, 2023, Pages 133-137
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.

