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All Jurisprudence based

0 tracked cards Criminal Law

A properly alleged nighttime circumstance is supported only by the clock hour; the court expressly finds that nighttime did not facilitate the offense and no qualifying use of darkness is established. The prosecution demands automatic aggravation. Which is sound?

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Every offense after sunset is necessarily aggravated. Apply Article 14(6)’s facilitation qualification rather than the hour alone. Nighttime automatically proves treachery too. The actual circumstances never matter.

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