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Basic Concepts of Criminal Law - Essay Example

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Basic Concepts of Criminal Law

The Penal Code puts a duty to a persons holding or having in his care such a weapon not to endanger 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 anything, 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 any 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 same provisions aforementioned, the same act provides that, "Any person, who with intent to maim, disfigure or disable any person, or to do some grievous harm to any person unlawfully 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 client to obtain all the relevant legal requirements if only to escape the imposed sanctions for breach of the same.
Factoring the foregoing, it is evident that, in as much as self defence may be a good 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 another's physical injury, there are at least three ways that our behaviour could lead not only to financial liability, but also criminal liability for example:

A person is guilty of assault when:
1. With intent to cause physical injury to another person, he causes
such injury to such 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 dangerous instrument.
A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offence when he fails to perceive a substantial and unjustifiable risk 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 deviation 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 behind bars. Even if we ...Show more

Summary

The study is principally a qualitative research; it does not involve data analysis and consideration. Limited resources especially academic materials on the subject also proves to be a hurdle for a more comprehensive and critical appraisal.
Whilst the client's interests maybe legitimate, carrying of such a weapon in public requires that the same be licensed by the police…
Author : gisselle33
Basic Concepts of Criminal Law essay example
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