CLASSIFICATION OF CRIMES

TOPIC OF THE DAY

- DEFINITION OF CRIME

- CLASSIFICATION OF CRIME

- CLASSIFICATION OF CRIME BY ACTUS REUS

Definition of Crime

A crime refers to any act or omission that is prohibited by law and punishable by the state. It is essentially a breach of societal norms that are deemed significant enough to warrant legal consequences. In Nigeria, the primary sources of criminal law include the Criminal Code Act (applicable in the southern states) and the Penal Code Act (applicable in the northern states), as well as various other statutes and case law. See the case of R v. Igwilo (1961) NWLR (Pt. 73) 58 where the court held that for an act to be considered a crime, there must be both the guilty act (actus reus) and the guilty mind (mens rea).

Classification of Crime

Crimes can be classified in various ways, often based on their severity or the nature of the harm they cause. In Nigeria, crimes are commonly classified as either felonies or misdemeanors, with felonies being more serious offenses carrying harsher penalties, while misdemeanors are less severe offenses.See section 390 Criminal Code Act which defines felonies in Nigeria and prescribes penalties for such offenses. It categorizes offenses such as murder, robbery, and treason as felonies.

Classification of Crime by Actus Reus

Actus reus refers to the physical act or conduct that constitutes a criminal offense. Crimes can be further classified based on the nature of this act as follows;

1. Crimes of Commission: These are offenses where the accused actively engages in prohibited conduct. Examples include theft, assault, and murder.

2. Crimes of Omission: These are offenses where the accused fails to act when there is a legal duty to do so, resulting in harm or injury. For instance, failing to provide necessary care to a dependent child or elderly person could constitute a crime of omission. See the case of R v. Adetoro (1968) NMLR 84 which involved a charge of manslaughter due to the defendant's failure to act. The court ruled that the accused had a duty of care towards the victim and their failure to act resulted in the victim's death, establishing the actus reus for the offense.

3. Crimes of Possession: These are offenses where the accused is in possession of something illegal, such as illicit drugs or stolen property, with the knowledge of its illegal nature. See section 427, Criminal Code Act which addresses offenses related to possession of stolen property in Nigeria and prescribes penalties for such crimes.