ADJUS-121 Lecture Notes - Lecture 11: Criminal Negligence, Logical Consequence
2 Sep 2020
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Document Summary
The concept of criminal negligence is the inexcusable lack of precaution on the part of the person performing or failing to perform an act. If the danger impending from that situation is clearly manifest, you have a case of reckless imprudence. But if the danger that would result from such imprudence is not clear, not manifest nor immediate you have only a case of simple negligence. Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable: requisites, that the act done would have been lawful had the facts been as the accused believed them to be, intention of the accused is lawful, mistake must be without fault of carelessness. Ah chong being afraid of bad elements, locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by somebody who was trying to open the door.
