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OFFENCE OF MURDER - ELEMENTS OF CRIME A PROSECUTION MUST ESTABLISH TO SUSTAIN A CONVICTION IN AN OFFENCE OF MURDER

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"There are two broad elements the prosecution must establish in order to sustain the conviction of an accused person in a murder charge. That is the actus reus and the mens rea. The actus reus is the wrongful act or deed that comprises the physical components of the crime charged. The mens rea, is the guilty mind or the state of the mind with which the accused person executed the criminal act. It is also the mental element. There are only two states of mind which constitute mens rea, according to Black's Law Dictionary at p.1076 9th ed., citing J. W. Cecil Turner: KENNY's OUTLINE OF CRIMINAL LAW 29 - 30 -(6th Ed. 1952). They are the intention, and recklessness with which the accused proceeded in the act said to be criminal". 

PER E. EKO, J.S.C IN THE CASE OF AKINYEDE OLAIYA V THE STATE;LEGALPEDIA CITATION: LER[2017]SC.562/2014



   
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