mulante:


They would have no case against him. Only intent cannot amount to a crime.

benswagtt:
guilty mind is an element of offence... "attempted theft"

mulante:


An element that requires another element (action) to crystallize into a fact. You cannot arrest someone for attempted theft just because he walks into a bank and says "Chei, I would like to steal all these money"

mulante:


An element that requires another element (action) to crystallize into a fact. You cannot arrest someone for attempted theft just because he walks into a bank and says "Chei, I would like to steal all these money"

benswagtt:
U think so? as soon as voice it out, it bcoms an offence... U just made an attempt verbally by voicing your intentions out... The same way Mr A will tell Mr B that he plans on killing Mr C.. Mr D on the other part reports 2 the police and Mr A gets arrested and charged for "attempted murder" and Mr B also gets arrested and probably charged for "conspiracy"... Mr A didn't commit the offense but he had guilty mind (mens rea)...

mulante:


All crimes require "Mens rea" and "Actus rea" except for strict liability of fences. You can wish all you want, say all you want, it doesn't become crime unless you act on your intentions.

The scenario you presented would work only for the Nigeria Police. Those nitwit don't know your right from their left.

If you doubt me, I'll come to your house tonight and kill you after first killing the President. I suggest you better report me or you'll be an accomplice to your own "murder".

benswagtt:
Bro, talking about the police.. Threats on committing an offence shouldn't be taken likely... Do u think statements like "am going to kill u" is not an offence? Mind u, American Policemen would do this same...
Back 2 the matter... what do u call conspiracy?

mulante:


Conspiracy: " to join in a secret agreement to do an unlawful or wrongful act".

Note the last word in the definition. That is the basis of all crimes/criminal actions.

I agree with you that certain threats shouldn't be taken lightly but this depends on the nature of the aggressor. How many times have you heard this saying "I'll break your head o"? How many times have you reported to the police? Does that make the statement necessarily ominous?

benswagtt:
Without carrying out that act... A. person can be arrested and persecuted for conspiracy which happens 2 be mens rea.. I agree with you with that example... But If I actually perceive that threat even as simple or casual (as it may seem) as a threat 2 my life. By law standard, I can still make arrest and take the the matter 2 court... I know of a woman who was imprisoned for 3months just bcoz she said... "you will see what I will do to you" When the case started it looked funny but at a long run the accused lost the case and was jailed..

mulante:


The act of agreement is the Actus rea for conspiracy. Conspiracy is a distinct crime on it's own complete with both intention and action. This is why people get prosecuted for conspiracy.

Now about the case of the woman, I'm fairly certain you didn't sit through the court proceedings to clearly understand the case against her. You must have heard a very distorted version of what her offence really was. Either that or I most humbly state that the court turned justice on it's head. I hope it wasn't from Nollywood you saw this.

Anyway, if you are not convinced by my above submissions. Then it'll be best we just agree to disagree, knowing that one of us is right and the other wrong.

What sayest thou, hombre?

HajimeSaito:


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