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Criminal Law (Act 574) -Section 82 - Section 83 - Section 84

Section 82 : Act of a child under 10 years of age. Nothing is a offence which is done by a child under ten years of age.

Section 83 : Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity of understanding.
Nothing is an offence which is done buy a child under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.

child : A young person who is not yet fully grown.


(pg. 109 , Longman Active Study Dictonary)

Not yet fully grown: Its mean un mumaiz


they cannot defermind a different between what Is wrong and what is right

Differences between child and childish


CHILD A young person who is not yet fully grown.
(pg. 109 , Longman Active Study Dictonary)

CHILDISH An adult who is childish behaves is a silly way, like a small child.
(pg. 109 , Longman Active Study Dictonary)

Section 84 : Act of a person unsound mind Nothing is an offence which is done by a person who, at the time of doing it, by reason of Unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. Unsound : Base on ideas or reason, that are wrong
(pg. 731 , Longman Active Study Dictionary)

Principles which require consideration under section 84 They are: [Public Prosecutor v. Ismail Bin Ibrahim [1998] 3 MLJ 243 (HC: Augustine Paul JC)] 1. 2. That every person is presumed to be sane until the contrary is established; That the onus of the prosecution is not merely to establish that the accused committed the offence but also to establish that he had the necessary mens rea to commit the offence; and hat the onus of proving insanity is on the accused under section 105 of the Evidence Act 1950.

3.

Who can raise the question of insanity? It should further be pointed out that principle that only the accused has the right to raise the defence of insanity if he so wishes is so well-regonized it has been held that neither the prosecution nor the judge could raise the issue of insanity during a trial, if the accused had not himself raise this defence. Burden of prove is an prosecution. 1. 2. 3. 4. When a person acting. Because of unsoundmind Incapable of knowing something. Unsoundnees of mind.

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