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Criminal Law in Cameroon

Specific Offences

Carlson Anyangwe

Publication Year: 2011

This is a pioneer, long overdue and truly original book that off ers a unique, comprehensive and thorough exposition of the criminal law of Cameroon by a leading scholar. This latest book by Professor Carlson Anyangwe adopts a thematic approach, each chapter covering a specific aspect of the criminal law. The text is a clear, simple and comprehensive exposition of all the offences codified in the Penal Code. It offers a rich, clear, learned and discerning analysis to understanding of the criminal law. The book is designed to instruct and to contribute to a deeper understanding of the subject, the treatment of which is unique, informative and makes for compelling reading. This is the first textbook ever on the subject in Cameroon and it is undoubtedly an indispensable tool of trade for judges, prosecutors, lawyers in private practice, academic lawyers, law students and law enforcement officers.

Published by: African Books Collective

Title Page, Copyright

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Contents

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pp. i-viii

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Preface

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pp. ix-xiii

This textbook is on the substantive law of crime. Its focus is the criminal law, a branch of law which spells out the social reaction to crimes and criminals. Criminal law seeks to secure compliance with rules of behaviour, primarily through the threat of punishment when the rules are broken. It forbids and punishes conduct that unjustifiably and inexcusably inflicts or threatens...

Abbreviations

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pp. xv-xvi

Statutes and International Instruments

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pp. xvii-xviii

List of Cases

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pp. xix-xxviii

PART I - CRIMES AGAINST THE STATE

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Chapter 1. Offences against the Security of the State

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pp. 2-33

Distinction between external and internal security offences. The Penal Code distinguishes between crimes that affect the external, and those that affect the internal, security of the state. Crimes relating to the external security of the state are those that expose the state to danger, or weaken its defences in times of armed conflict. Crimes relating to the internal security of the state are...

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Chapter 2. Offences against the Constitution

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pp. 35-42

This chapter does not deal with offences against the constitution in a wide sense. Treason, treachery and other treasonable crimes such as the disclosure of state secrets and the violent overthrow of the government are pre-eminently offences against the constitution. But they are not dealt with under this chapter. The chapter rather focuses on offences against certain constitutional principles. ...

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Chapter 3. Misconduct in Public Office

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pp. 43-75

This chapter deals with a number of offences relating to misconduct in public office by holders of any such office. The offences under this head fall into five broad categories, namely, violence, corruption, abuse of office, culpable abstention (that is, omitting or failing to do an act required by the duties of the office), and torture. ...

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Chapter 4. Offences against Public Officials

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pp. 77-101

It is critical for a proper system of public administration and for a good public delivery system that those responsible for the management of public affairs should be able to carry out their public duties with dignity, respect, and without obstruction or other interference with their person or office. The offences in this chapter aim at protecting high political office-holders...

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Chapter 5. Offences against Public Revenue, Property, etc

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pp. 103-126

Sections 183 et seq. deal with certain types of conduct considered as a hindrance to or a clog on public service performance. Some are punishable because they impact negatively on the public revenue (refusal of tax, misappropriation of public funds), others because they are tantamount to an encroachment on public or government property (damage to public or...

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Chapter 6. Offences against the Administration of Justice

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pp. 127-157

The judicial process would fail to work properly if people were free to give false evidence in court, challenge the court’s dignity and authority, interfere with the proper functioning of the court, defeat or thwart the course of justice. Legal protection of the administration of justice is critical. Undermining the dignity and authority of the court erodes public confidence in and respect for...

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Chapter 7. Offences against State Guarantees

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pp. 159-194

The offences under this chapter deal with conduct that undermines public trust in the authenticity of official documents (forgery) and in the national currency (counterfeiting). They also deal with conduct detrimental to the national economy, and with the fraudulent assumption of certain public attributes (usurpation). ...

PART II - CRIMES AGAINST THE GENERAL INTEREST

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Chapter 8. Offences Relating to Public Safety

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pp. 197-212

Offences under this head deal with conduct which though affecting the safety of the public and may in fact result in damage to property, yet cause no bodily injury to anyone. If the impugned conduct also results in injury to another the accused may properly be charged with that offence as well. ...

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Chapter 9. Offences Relating to Public Peace

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pp. 213-259

In this chapter the lawmaker deals with conduct considered as primarily constituting a danger to public peace and tranquility. The offences dealt with would appear to suggest that public peace is necessarily imperilled from the mere fact of (i) people congregating in certain circumstances (sections 231- 236); (ii) unlawfully possessing arms (sections 237-238) or going armed...

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Chapter 10. Offences Relating to the Public Economy

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pp. 261-271

Caveat emptor (let the buyer beware) is a familiar doctrine in the law of Sale of Goods. It has been used for hundreds of years, and continues to be used, to defeat the consumer’s claim to legal satisfaction for faulty or harmful merchandise purchased. However, for quite some time now there has been an increased interest in consumer rights. There appears to be a perceptible shift...

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Chapter 11. Offences Relating to Public Health

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pp. 273-278

To adulterate foodstuffs etc. intended to be sold. It is an offence under section 258(1) to adulterate any foodstuff (whether for human or animal consumption) or beverage, or medicinal substance, intended to be sold. To adulterate something is to make it poorer in quality by adding another substance. Milk, for instance, can be adulterated by adding water, palm wine by adding water...

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Chapter 12. Offences against Public Decency and Sensibilities

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pp. 279-292

Crimes against morality and the family may be broadly grouped into four categories: offences against public decency, sexual offences, indecency with young people, and crimes against the family. This area is one of those in which law is used to reflect moral considerations and to enforce society’s shared minimum standards of decency and morality. ...

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Chapter 13. Offences Relating to Public Worship

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pp. 293-295

Apart from the national constitution, international human rights instruments guarantee freedom of thought, conscience, religion, and freedom to manifest and propagate one’s religion or belief.590 Underlying this guarantee is the conviction that religion and state should be kept separate from each other. This means a rejection of an officially established religion in the state. ...

PART III - CRIMES AGAINST PRIVATE INTEREST

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Chapter 14. Offences against Bodily Integrity: Non-Fatal Assaults

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pp. 301-332

Human beings may demonstrate bravery and exude confidence. But they are fragile and inherently weak. They are generally vulnerable to each other. The degree of vulnerability varies according to the age, constitution and ‘cleverness’ of each person. But even the bravest, strongest and most cunning of men may become particularly weak and thus very vulnerable as when, for example...

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Chapter 15. Offences against Bodily Integrity: Fatal Assaults

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pp. 333-389

General. Homicide is the killing of one human being by another. All societies regard this as the most serious of crimes. Early English common law, for example, regarded it as a deed so serious as to admit of excuse within only the narrowest of fields. So long as the doctrine prevailed under which a man was held strictly accountable for any death that could be traced to his active ...

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Chapter 16. Offences against Personal Tranquility

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pp. 391-410

International human rights instruments guarantee to everyone the right to liberty and to freedom from arbitrary arrest or detention709; the right not to be required to perform forced or compulsory labour710; and the right not to be subjected to arbitrary interference with one’s privacy, family, home or correspondence, nor attacks upon one’s honour or reputation711. ...

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Chapter 17. Offences against Private Property: Stealing

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pp. 411-449

All societies recognize the fundamental notion that it is socially wrong to take in any fashion the property of another. The general societal disapproval of this type of conduct finds expression in the Code in the law against stealing. Accordingly, one can hardly imagine anyone, except he is a patient in a psychiatric hospital who does not know that stealing is regarded as wrong. ...

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Chapter 18. Offences against Private Property: Protection of Business and Other Property-Related Interests

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pp. 451-498

The law against stealing protects particularly movable property. But apart from this there are a variety of other ways in which personal and real property in general, as well as businesses, are also given protection by the law. ...

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Chapter 19. Sexual Offences

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pp. 499-547

Sexual offences are those having sexual gratification as the offender’s predominant or overt motivation in their commission. Some of these offences take the form of sexual aggression, consisting as they are of injury and affront to a non-consenting person (e.g., private indecency, rape). Others are breaches of sexual taboo, and are punishable even if the other party gave consent. ...

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Chapter 20. Offences against the Family

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pp. 549-594

Unlike in the past the child and the family now enjoy wide protection under municipal and international law.933 Protection of the child is warranted by the fact of the child’s immaturity and consequential vulnerability to exploitation. The family deserves the protection of the law because the family is the natural and fundamental element in society, the great nurse of morals and the chief...

PART IV - REGULATORY OFFENCES

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Chapter 21. Simple Offences and Principles of Criminal Law

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pp. 597-602

‘Simple offences’ are petty violations and a person who commits any such offence may be arrest without a warrant. They are triable summarily in a magistrate’s court. Perhaps for this reason it is often said that a person is guilty of a simple offence upon proof only that he committed the physical ingredient of the offence, proof of mental element being irrelevant, so it seems, because...

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Chapter 22. Classes of simple offences

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pp. 603-609

‘Simple offences of the first class’ constitute the class of least serious regulatory offences because the prescribed penalty for any offence falling within that class is a mere token or nominal fine (of from 200 to 1 200 francs). On the other hand, ‘simple offences of the second class’ are slightly more serious and are punishable by a petty fine (of from 1 400 to 2 400 francs). ...


E-ISBN-13: 9789956726691
Print-ISBN-13: 9789956726622

Page Count: 642
Publication Year: 2011