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Ingredients of the offences of culpable homicide punishable with death and armed robbery

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"The offences of culpable homicide punishable with death and armed robbery with which the Appellant was charged, sentenced and convicted are offences of severe penal consequences. The severity of the two offences are such that the law provides for what the prosecution must prove to justify conviction on the two different, but severe offences of stiff penal consequences. The essential ingredients of robbery as constituted under Section 2(1) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004 are that:- "(i) There was robbery or series of robberies; (ii) That each robbery was an armed robbery; (iii) That the Accused person was one of those who took part in the robbery." As to the Provisions of Section 221 of the Penal Code on culpable homicide punishable with death, the law requires the prosecution to establish:- "(a) That the death of a human being has actually taken place; (b) That such death has been caused by the accused: (c) That the death was done with the intention of causing death or that the accused knew or had reason to know that death will be the probable and not only likely consequence of his act."

Per BAGE, J.S.C.in ISRAEL AMOS v. THE STATE (2018) LPELR-44694(SC)


   
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