Friday, August 1, 2008

ARTICLE ON CRIMINAL LAW

GENERAL EXCEPTIONS... S.76-106
1) MISTAKE OF FACTS S.76
S.76 READS "NOTHING IS AN OFFENCE WHICH IS DONE BY A PERSON WHO,BY THE REASON OF MISTAKE OF FACTS AND NOT BY THE REASON OF MISTAKE OF LAW,BELIEVES HIMSELF IN GOOD FAITH ,TO BE JUSTIFIED BY THE LAW TO DO IT"
LEGAL MAXIM : IGNORANTIA FACIT EXCUSAT IGNORANTIA JURIS (LEGIS) NON EXCUSAT ( MISTAKE OF FACTS IS AN EXCUSE BUT MISTAKE IF LAW IS NO EXCUSE)
ILLUSTRATION..
(A) A SHOOTS AT A BUSH BUT IT HITS TO B,WHO WAS STANDING BEHIND THE BUSH,AND IN CONSEQUENSE HE DIES. IT WAS NOT KNOWN TO A THAT B WAS BEHIND THE BUSH ,HOWEVER HE HAS CAUSED THE DEATH OF B BUT HE IS NOT GUILTY OF MURDER UNDER S.299 OR 302.