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Showing posts with the label #criminal law

WEEKLY LEGAL NUGGETS

  JOYRIDING Joyriding is an offence where you take, drive or use someone else’s motor vehicle without consent, but you don’t intend permanently to steal the vehicle. Joyriding is different from theft of motor vehicle. People have been taking others’ vehicles for one reason or another for hundreds of years. While these actions may not have been charged as a violation of the law previously, regulations have been put in place for those that steal another person’s property even if only for a short time. When any person, no matter how young, takes someone’s vehicle for a temporary amount of time without the intention of keeping it, he or she has committed the offence of joyriding. The other piece of this offense is usually the act of using the vehicle for a thrill at high speeds or because it is flashy. The difference in this crime is the intent behind the actions of taking the car. If the car is stolen with the intent to keep it, theft of motor vehicle is usually the crime ...

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY PROVOCATION IN NIGERIAN CRIMINAL LAW Black's Law Dictionary defines provocation as ” Such conduct or actions on the part of one person towards another as tend to arouse rage, resentment or fury in the latter against the former,”.   Provocation is one of the defences that may be raised in a criminal trial, It is a defence often raised by the accused person when charged with murder. The Supreme Court in the case of Obaji v State held that section 318 of the Criminal Code Act should be read alongside with section 283 of the Criminal Code Act which says not every provocation will cause an individual to lose self-control and take their life The defence of provocation is a partial defence to assault and homicide and the plea of provocation is founded on loss of both self-control actual and reasonable and is found in Section 318 of the Criminal Code. The defence of provocation has been described as “the partial mit...