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DEFENCE OF ACCIDENT: Whether a plea of accident disputes only the mens rea and not the actus reus of an offence

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"Let me add that the accused person who pleads accident disputes only the mens rea not the actus reus of the offence. In other words, he admits the actus reus by implication on his plea of accident: IROMANTU v. THE STATE (1964) 1 ALL N.L.R. 311; CHUKWU v. THE STATE (1992) 1 N.W.L.R. (Pt. 217) 225 at 269. The defence of accident avails the accused only for the purpose of exoneration from criminal responsibility: BRAIDE v. THE STATE (1997) 5 N.W.L.R. (Pt. 504) 141 at 150."

Per EKO, J.S.C. IN OLA v. STATE CITATION: (2018) LPELR-44983(SC)



   
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