Material factors see sentence xc1 criminal marijuana

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MATERIAL FACTORS See: SENTENCE. XC1 CRIMINAL MARIJUANA See: CULTIVATION OF NOXIOUS PLANTS (PROHIBITION) ORDIN- ANCE, CAP. 134. MEDICAL PRACTITIONERS AND DENTISTS ORDINANCE, CAP. 409. Practicing without licence Additional charge of grievous harm invalid for duplicity. 1967/201. Administration of several injections for gain constitutes one offence. 1967201. Receipt of consideration necessary element of offence. 1967/200. MENACES See: DEMANDING PROPERTY WITH MENACES. MENS REA Aiding and abetting offence against Broadcasting Receiving Apparatus (Licensing ) Act, Cap. 548- Knowledge that act constituted offence essential. 1967/1. Aiding prisoners to escape – Negligence insufficient. 1968/309. Arson – Negligence insufficient. 1967/6. Attempted murder – Intention to cause death not merely grievous harm essential. 1967/342; 1967/388. Breaking and committing felony – Intent must exist at time of breaking. 1967/80.
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Contempt of court – Showing disrespect – Mens rea required. 1968/460. Corrupt transaction – Must be done with “evil mind”. 1968/363. Criminal trespass – Intent to escape not sufficient mens rea 1967/420. Destroying evidence – Knowledge of impending trial essential. 1968/141. Endangering safety of railway passengers – Specific intent required. 1968/224. Failure to report accident – After injury to person – Conviction sustained where driver did not know of injury. 1968/152. False accounting – Intent to defraud analysed. 1968/155. Grievous harm – Intent to cause grievous harm essential- mere negli- gence insufficient. 1967/70. Housebreaking – Intent to commit felony essential. 1967/32. Malicious injury to property – Mens rea required. 1967/19; 1968/47. Obtaining by false pretences – Intent to defraud defined. 1968/73. “Permitting” unlawful use of vehicle – Mens rea required. 1968/395. XC11 CRIMINAL MENS REA (Continued) Possession of housebreaking instruments – Intent to commit felony essen- tial. 1967/396. Receiving stolen property – Mens rea may be inferred from concealment of goods. 1967/37. Theft – Fraudulent intent need not be formed at time of taking. 1967/272; CONTRA 1968/197. Theft – Fraudulent intent essential. 1968/375; 1968/376. Unlawful importation or possession of government trophy. Knowledge or nature of property essential. 1967383. Unlawful wounding – Mere accident not offence. 1967/84.
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Uttering forged notes – Intent to defraud must be alleged in charge. 1967/82. XC111 CRIMINAL MINIMUM SENTENCES ACT, CAP. 526 Age of accused – Any doubt operates in his favour. 1968/389; 1968/396. Evidence of medical officer not reliable as to exact age. 1968/188. Prison medical officer must give independent opinion. 1968/396. Alternative verdicts – Scheduled offence cannot be substituted for non – scheduled Offence. 1968/322; 1968/475. Appeal – Sentence may be enhanced on appeal so as to accord with Act after original sentence served. 1967/311. “Charity” – African Liberation Committee included 1967/358 Tanganyika Parents’ Association, T.A.PA., included 1967/313.
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  • Fall '17
  • Dean Majamba

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