Offences against persons:

CONTENT

1.0   Introduction

2.0   Objectives

• Main Content
• Homicide
• Murder
• Manslaughter
• Suicide and suicide pact
• Domestic Violence
• Assault and Battery
• Deprivation of liberty
• Sexual offences
• Other offences against persons

4.0   Conclusion

5.0   Summary

6.0   Tutor-Marked Assignments

7.0   References/Further Reading

 Introduction

The boundaries of offences against persons are not clear. Strictly speaking there is no criminal activity which does not victimize a person. Where for instance, does the offence of rape belong? Is it an offence against morality, or the person or both? What  about armed robbery? Is  it a property or personal offence? This kind of intermixture arises from miscoding, differential treatment and definitional problems.

Perhaps for these reasons also, writers avoid definitions. They argue that definition is unfashionable and writers in other field of learning do not border defining their subject matter. Smith and Hogan have informed us that no where has this been more greatly felt than in criminal law. It is apt therefore that one devotes this initial unit on personal crimes to the legal meaning of the selected offences. This enables you to know from the outset, what the particular crime is. For the avoidance of doubt, we shall concentrate on the traditional offences against the person (or against persons).

Objectives

When you have studies this unit, you should be able to:

1. define any of the most important or prevalent offences against persons.
2. critique the definitions of the particular crimes against persons.

Main Content

The definitions in this unit are as contained in the Criminal Code Act , the principal law on Crimes.

Homicide

Killing of a human being – murder

Section 306 – Killing of a human being, unlawful

It is unlawful to kill any person unless such killing is authorized or justified or excused by law.

Section 308 - Definition of killing

Except as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person.

Section 310 – Causing death by threats

A person who, by threats or intimidation or by deceit, causes another person to do an act or make an omission which results in the death of that other person, is deemed to have killed him.

Section 315 – Unlawful Homicide

Any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter, according to the circumstances of the case.

Murder:

Section 316 – Definition of murder

Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say:

• If the offender intends to cause the death of the person killed, or that of some other person
• If the offender intends to do to the person killed or to some other person some grievous harm;
• If death is caused by means of an act done in the prosecution of an unlawful purpose which act is of such a nature as to be likely to endanger human life;
• If the offender intends to do facilitating the commission of an offence which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such offence;
• If death is caused by administering any stupefying or overpowering things for either of the purpose last aforesaid;
• If death is caused by willfully stopping the breath of any person for either of suh purposes;
• Is guilty of murder

In the second case it is immaterial that the offender did not intend to hurt the particular person who is killed.

In the third case, it is immaterial that the offender did not intend to hurt any person.

In the last cases it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.

Self Assessment Exercise.

Explain the term “Murder”.

Section 319 - Punishment for murder

• Subject to the provisions of this section any person who commits the offence of murder shall be sentenced to death
• Where an offender who in the opinion of the court has not attained the age of seventeen years has been found guilty of murder such offender shall not be sentenced to death but shall be ordered to be detained to during Majesty’s pleasure and upon such an order being made the provisions of Part XLIV of the Criminal Procedure Ordinance shall apply.

3. Where a woman who has been convicted of murder alleges she is pregnant or where the judge before whom she is convicted is advisable to have injuries made as to whether or not she be pregnant the procedure laid down in section 376 of the Criminal Procedure Act shall first be complied with.

Self Assessment Exercise

Critique for the punishment for murder.

Manslaughter

Section 317 – Definition of manslaughter.

A person who unlawfully kills another in such circumstances as not to constitute murder is guilty of manslaughter.

Section 318 – Killing on Provocation

When a person who unlawfully kills another in circumstances which, but for the provisions of the section, would constitute murder, does the at which causes death in the heat of passion caused by  sudden provocation, and there is time for his passion to ool, he is guilty of manslaughter only.

Self Assessment Exercise

Distinguish between the following:

1. Voluntary manslaughter and involuntary manslaughter
2. Offences related to homicide and offences ancillary to murder

Section 309 – Death by acts done at childbirth

At birth, a child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

Section 311- Acceleration of death

• person who does any act or makes any omission which hastens the death of another person who, when the act is made…, is labouring under some disorder or disease arising from another case, is deemed to have that other person

Self Assessment Exercise

Compare and contrast murder and acceleration of death.

Suicide and suicide fact

 Section 326- Aiding Suicide Any person who

1. procures another to kill himself; or
2. counsels another to kill himself and thereby induces him to do so; or
3. aids another in killing himself; is guilty of a felony , and is liable to imprisonment for life

Section 327 – Attempt to Commit suicide

Any person who attempts to kill himself is guilty of a misdemeanor, and is liable to imprisonment for one year.

Section 339 – Failure to supply necessaries

Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently injured, is guilty of a felony, and is liable to imprisonment for three years.

The offender cannot be arrested without warrant.

Activity

1. Address a memorandum to the Attorney General proposing reform of the Criminal law to protect women and children against domestic Violence.

Section 341 – Abandoning or exposing children

Any person who unlawfully abandons or expose a child under the age of seven years, in such a manner that any grievous harm is likely to be caused to it, is guilty of a felony, and is liable to imprisonment for five years.

Child Destruction and Abortion

Section 327A - Infanticide

Where a woman by any willful act or omission causes the death or her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that circumstances were such that but for this section of offence would have amounted to murder, she shall offences by felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

Section 328 – Killing unborn child

Any person who, when a woman is about to be delivered of a child prevent the child from being alive by any act or omission of such a  nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony, and is liable to imprisonment for life.

Section 329 – Concealing the birth of children

Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after, its birth is guilty of a misdemeanor, and is liable to imprisonment for two years.

Offences Endangering Life or Health

Section 330 – Disability in order to commit felony and misdemeanor.

Any person who, by any means calculated to choke, suffocate, or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, renders or attempts to render any person incapable of resistance,  is guilty of a felony, and is liable to imprisonment for life with or without canning.

Section 332 – Act intended to cause grievous harm or prevent arrest.

Any person, who, with intent to main, disfigure or disable, and person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person.

(1) unlawfully wounds or does any grievous harm to any person by any means whatever; or

2. unlawfully attempts in any manner to strike any person with any kind if projectile or with a spear sword, knife, or other dangerous or offensive weapon; or
3. unlawfully cause any explosive substance to explode; or
4. sends or delivers any explosive substance or other dangerous or noxious things to any person; or

5 causes any such substance or thing to be taken or received by any person; or received by any person; or

.6      puts any corrosive fluid or any destructive or explosive substance  in any place; or

7. unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applied any such fluid or substance to the person of any person; is guilty of a felony, and is liable to imprisonment for life.

Assault and Battery

Section 252 – Definition of Assault

A person who strikes, touches, or moves, or other applied force of any kind to, the person of another, either directly or indirectly, without his consent, or with his consent, if the consent is obtained by fraud, or who by any bodily act or gesture attempts to apply force of any kind to the person of another without his consent, In such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault.

The term “applies force” includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever, if applied in such a degree as to cause injury or personal discomfort.

Aggravated Assault

Section 335 – Grievous harm

Any person who, unlawfully does grievous harm to another is guilty of a felony, and is liable to imprisonment for seven years.

Section 337: Maliciously administering poison with intent to harm

Any person who unlawfully, and with intent to injure or annoy another, causes any poison or other noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him some grievous harm, is guilty of a felony, and is liable to imprisonment for fourteen years.

Section 338 – Wounding and similar acts.

Any person who-

1. unlawfully wounds another ; or
2. unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, taken by, any person; is guilty of a felony, and is liable to imprisonment for three years.

Self Assessment Exercise

Distinguish between grievous harm and wounding.

Offences Against Liberty

Section 365 – Deprivation of Liberty

Any person who unlawfully confines or detains another in any place against his will, or otherwise unlawfully deprives another of his personal liberty, is guilty of a misdemeanor, and is liable to imprisonment for two years.

Section 364 – Kidnapping

Any person who-

3. unlawfully imprisons any person, and takes him out of Nigeria, without his consent; or
4. unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release of from discovering to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the lace where he is imprisoned, is guilty of a felony, and is liable to imprisonment for ten years.

Others abduction offences

Section 361 – Abduction

Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married or carnally known by any other  person, takes her away, or detain her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

Section 362 – Abduction of Girls under sixteen

Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her father or mother or other persons having the lawful care or charge of her, and against the  will of such father of mother or other persons, is guilty of  a misdemeanor, and it liable to imprisonment for two years.

Section 363 - Ignorance of age of girl or consent, no defence.

In the case of proceedings in respect of an offence under the preceding section.

• it is immaterial that the offender believed the girl to be of or above the age of sixteen years;
• it is immaterial that the girl was taken with her own consent or at her own suggestion.

- Sexual offences

Section 357 – Definition of Rape.

Any person who has unlawful carnal knowledge of a woman of girl, without her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence Which is called rape?

Section 359 – Attempt to commit rape.

Any person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for fourteen years , with or without whipping.

Section 360 – Indecent Assaults on female

Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor, and is liable to imprisonment for two years.

Self Assessment Exercise

What is Rape?

Should rape be a personal or morality offence?

Other offences against Persons

Section 371: Child Stealing

Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge of a child under the age of twelve years, of the possession of such child, or with intent to steal an article upon or about the person of any such child-

• forcibly or fraudulently takes or entices away, or detains the child , or
• receives or harbours the child, knowing it to have been so taken or enticed away or detained; is guilty of a felony, and is liable to imprisonment for fourteen

It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father.

Section 372 – Desertion of children

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of twelve years, and being able to maintain such child, willfully and without lawful or reasonable cause desert the child and leaves it without means of support, is guilty of a misdemeanor, and is liable to imprisonment for one year.

Section 360 – Slave Dealing

Any person who:-

1. deals or trades in, purchase , sells, transfers or takes any slave;
2. deals or trades in, purchases, sells, transfers or takes any person in order or so that such person should be held or treated as a  slave;

• places or receives any person in servitude as a pledge or security for debt whether then due and owing, or to be incurred or contingent, whether under the name of a pawn, or by whatever other name such person may be called or known;
• conveys or induces any person to come within the limits of Nigeria in order or so that such person should be held. Possessed, dealt or traded in, purchase, sold, or transferred as slave, or be placed in servitude as a pledge or security for debt

5. conveys or sends or induces any person to go out of the limits of Nigeria in order or so that such person should be possessed, dealt or traded in, purchase, sold, or transferred as a slave, or be placed in servitude as a pledge or security for debt;
6. being a British subject or a non-native holds or possesses any person as a slave;
7. enters into any contract or agreement with or without consideration for doing any of the acts or accomplishing any of the purposes herein above enumerated; is guilty of slave dealing and is liable to imprisonment for fourteen

          Conclusion

Definitions inform you of what we speak about. It enables you to know why in some cases it is difficult to tell. You should know the definition of the crimes you seek to punish or prevent.

Summary

The major offences against the person have been defined . Some are no definitions but descriptions. As definitions are skeletal, we shall now look into the case law to see the build.

Tutor-Marked Assignment

It is now rather unfashionable to begin a law literature with definition (Smith & Hogan )

Discuss.

References

1. The Criminal Code
2. Ormerod, D(ed) 2005, Smith & Hogan, Criminal Law, 11^th ed . Oxford University Press,