Elements Of An Offence

Question 1

Which section of the cc defines an offence and what does it say?(ARLCAL)

Answer 1

Section 2 of the criminal code defines an offence as An act or omission which renders the person doing the act or making the omission liable to punishment under the code,or under any act or law

Question 2

Okonkwo and naish definition of offence (ADS)

Answer 2

An act or omission,done or omitted to be done in a particular state of mind.
From this definition,it is easy to identify 2main elements of an offence,the physical element (Act or omission) and the mental element (particular state of mind). Also known as actus and men’s rea respectively.

Question 3

Actus non facit reum nisi men’s rea
Translation and Meaning?(Remember that it can also be read the other way round)

Answer 3

An act does not make a person legally guilty unless the mind is legally blameworthy.
This implies that a person cannot be convicted of an offence unless it is proven that they had the mindset to commit the act or omission

Question 4

Cases that uphold actus non facit reum nisi men’s rea.

Answer 4

NJOKU & ORS V STATE
the supreme court held that actus rea is essential to crime but not sufficient without the necessary men’s rea,just as men’s rea is necessary to crime but insufficient without the requisite actus rea.
STATE V MASGA
The court held that intention alone does not constitute an offence.

Question 5

What’s the origin and literal meaning of actus reus.

Answer 5

It is a Latin word which is means an act forbidden by law

Question 6

Actus reas is not limited to conduct or vivid acts of the accused it includes

Answer 6

Act or omission
State of affairs
Occurrence of prohibited result of consequence
Relevant circumstance attached to the conduct or result