CRIMINAL LIABILITY – BASIS OF THE CRIMINAL LIABILITY OF AN ACCUSED PERSON  

 

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07/05/2020 2:54 pm  
"Here, again, it is necessary to state that the criminal liability of the appellant was based on the natural consequence of his act or omission. Intent may also be proved positively by proof of the declaration of the accused as to his intent or inferentially. The learned trial Judge, after pointing out that all the circumstances of the case are relevant, including the nature of the wound, type of weapon used and the wound that was inflicted, stated that the express intention of the appellant could be found in her statement, exhibit "A."

 

In the said exhibit, the appellant stated, categorically, that she killed her husband by hitting him on the head with a pestle but she did not intend to kill him. The deceased person was killed on his bed by the appellant who, apart from her confessional statement, was the only person with him at the time of the unfortune incident. The learned trial Judge was, therefore, right in holding that the appellant had the necessary intention to kill the deceased person as she is presumed a intend the natural consequences of her nefarious act.

 

The learned trial Judge, rightly, concluded that the Prosecution had proved its case against the appellant beyond reasonable doubt, having, rightfully, inferred that death was a probable, and not just a likely, consequence of the accused person's act, Adamu Garba v. The State [1997] 3 SCNJ 68; Bakuri v. The State (1965) NMLR 163; Silas Sule v. The State (2009) LPELR -3125 (SC) 24, F-G; EJeka v. State [2003] 7 NWLR (pt 819) 408; Gams Bwash v. State [1972] 6 SC (Reprint) 55; (1972) LPELR-SC.104/1972; P. Ocheme, The Nigerian Criminal Law (Kaduna: Liberty Publications Ltd, 2006) 203; also, C. 0. Okonkwo, Okonkwo and Naish: Criminal Law in Nigeria (Second Edition) (supra) 221.
 
PER C. C. NWEZE, J.S.C IN FATIMA SANI VS THE STATE Suit no: SC. 586/2017


Legalpedia Electronic Citation: (2020) Legalpedia (SC) 14110

 


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