Sunday, May 5, 2019
Basic Concepts of Criminal Law Essay Example | Topics and Well Written Essays - 1500 words
sanctioned Concepts of Criminal Law - Essay ExampleThe Penal Code puts a duty to a persons attribute or having in his complaint such a weapon not to en insecurity the live so the members of the public. It states that it is the duty of every person who has within his charge or under his control everything, whether living or inanimate and weather moving or stationary, of such a nature that, in the absence of care or precaution in its use or management , the life, safety or health of whatever(prenominal) person maybe endangered , to use reasonable care and take reasonable precautions to avoid the danger and he shall be deemed to have caused any consequences which adversely affect the life or health of any persons by reason of any omission to perform that duty.Further, and read together with the alike provisions aforementioned, the same motivate provides that, Any person, who with intent to maim, disfigure or disable any person, or to do most grievous harm to any person unlawfu lly wounds or does any grievous harm to any person by any means whatever is guilty of a felony and is liable to imprisonment for life, with or without corporal punishment. The same sentiments are captured by the provisions of sections 234 of the same Act.In this regard, it would be prudent for the lymph node to obtain all the relevant legal requirements if only to escape the imposed sanctions for breach of the same. Factoring the foregoing, it is unpatterned that, in as much as self defence may be a unsloped defence in criminal proceedings, reasonable care ought to be observed in the use of such a weapon and one must not be negligent or reckless in its use. In this regard when it comes to causing anothers physical reproach, there are at least three slipway that our behaviour could lead not only to financial liability, but also criminal liability for exercisingA person is guilty of assault when1. With intent to cause physical injury to another person, he causes such injury to s uch person or to a third person or 2. He recklessly causes physical injury to another person or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a monstrous instrument.A person acts with criminal negligence with respect to a result or to a situation described by a statute defining an offence when he fails to perceive a self-colored and unjustifiable bump that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross remainder from the standard of care that a reasonable person would observe in the situation.Negligence is the failure to act reasonably. But we all fail to act reasonably at times. And in unfortunate cases, it could lead to harm. Should we go to prison in such cases If every time we acted unreasonably we went to prison, we would all spend time piece of tail bars. Even if we
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