PROVOCATION AS A DEFENCE TO CRIMINAL LIABILTY

  • Type: Project
  • Department: Law
  • Project ID: LAW0177
  • Access Fee: ₦5,000 ($14)
  • Pages: 137 Pages
  • Format: Microsoft Word
  • Views: 784
  • Report This work

For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853
ABSTRACT
Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers.

The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted must also be proportional and must be one as would have caused a reasonable man to resort to the same consequence

The adequate of this defense, in the light of the scope of this essay is purely a psychological question. The test of provocation is inadequate. It is plainly illogical not to recognize the fact that different people react differently to stimuli and the law, by its hording expects a man dethroned in his reasoning faculty to inflict a reasonably proportional injury which only a reasonable man in his senses could do.

The aim and objective of this work is to access the meaning of the term provocation as provided for under the penal and criminal codes and other relevant statutes, case law and by various author, its nature, element and the condition under which the defense can avail a person from criminal liability.
 
TABLE OF CONTENT:
COVER PAGE
CERTIFICATION PAGE
ABSTRACT
DEDICATION
ACKNOWLEDGEMENT
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATION
TABLE OF CONTENTS

CHAPTER 1
GENERAL INTRODUCTION
1.0.0: INTRODUCTION
1.1.0: BACKGROUND TO THE STUDY
1.2.0: OBJECTIVE OF STUDY
1.3.0: FOCUS OF STUDY
1.4.0: SCOPE OF STUDY
1.5.0: METHODOLOGY
1.6.0: LITERATURE REVIEW
1.7.0: DEFINITION OF TERMS
1.8.0: CONCLUSTION

CHAPTER TWO
DEFENCES TO CRIMINAL LIABILITY
2.0.0: INTRODUCTION
2.1.0: DEFINITION OF CRIME
2.2.0: GENERAL PRINCIPLES OF CRIMINAL LIABILITY
2.3:1: ACTUS REUS
2.3:2: MENS REA
2.4.0: CONCLUSION

CHAPTER THREE
NATURE OF PROVOCATION
3.0.0: INTRODUCTION
3.1.0: DEFINITION OF PROVOCATION
3.2.0: DEFENCE TO PROVOCATION
3.2:1: DEFENCE TO PROVOCATION UNDER THE PENAL CODE
3.2:2: DEFENCE TO PROVOCATION UNDER THE CRIMINAL CODE
3.3.0: CONCLUSION

CHAPTER FOUR
THE BURDEN OF PROOF TO PROVOCATION
4.0.0: INTRODUCTION
4.I.0: BURDEN OF PROOF IN CRIMINAL LIBILITY
4.2.0:  EXCEPTION  OR  EXEMPTION  TO  THE  BURDEN  OF  PROOF  INCRIMINAL LIABILITY
4.3.0:THE BURDENOF PROOVING THE DEFENCEOF PROVOCATION
4.4.0:EFFECTOF A SUCCESSFUL PLEA OF PROVOCATION
4.5:0: CONCLUSION 

CHAPTER FIVE
GENERAL CONCLUSION
5.0.0: CONCLUSION
5.1.0: RECOMMENDATION
PROVOCATION AS A DEFENCE TO CRIMINAL LIABILTY
For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

Share This
  • Type: Project
  • Department: Law
  • Project ID: LAW0177
  • Access Fee: ₦5,000 ($14)
  • Pages: 137 Pages
  • Format: Microsoft Word
  • Views: 784
Payment Instruction
Bank payment for Nigerians, Make a payment of ₦ 5,000 to

Bank GTBANK
gtbank
Account Name Obiaks Business Venture
Account Number 0211074565

Bitcoin: Make a payment of 0.0005 to

Bitcoin(Btc)

btc wallet
Copy to clipboard Copy text

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0177
    Fee ₦5,000 ($14)
    No of Pages 137 Pages
    Format Microsoft Word

    Related Works

    Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    Provocation As A Defence To Criminal Liability Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the... Continue Reading
    • Type:Project
    • ID:LAW0244
    • Department:Law
    • Pages:113
    ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The... Continue Reading
    • Type:Project
    • ID:LAW0214
    • Department:Law
    • Pages:165
    Provocation As A Defence To Criminal Liability: The Nigerian Perspective ABSTRACT  One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that... Continue Reading
    ABSTRACT  One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment.... Continue Reading
    • Type:Project
    • ID:LAW0585
    • Department:Law
    • Pages:165
    ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the... Continue Reading
    • Type:Project
    • ID:LAW0601
    • Department:Law
    • Pages:113
    ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
    ABSTRACT mso-ansi-language:EN-US'>Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law... Continue Reading
    ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
    • Type:Project
    • ID:LAW0594
    • Department:Law
    • Pages:123
    Call Us
    Get this work
    whatsappWhatsApp Us