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INGREDIENTS OF THE OFFENCE OF MURDER

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CASE TITLE: OGUNLEYE TOBI v. THE STATE (2019) LPELR-46537(SC)

JUDGMENT DATE: 15TH FEBRUARY, 2019

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: AMIRU SANUSI, J.S.C

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the Offence of Murder.

FACTS

This appeal is against the judgment of Court of Appeal, Ibadan division delivered on 6th day of July 2017 which affirmed the judgment of Ogun State High Court of Justice sitting at Ota in the Ota judicial division (coram M.A. Ojo J.) delivered on 2nd June 2015 which convicted and sentenced the appellant as accused thereat, for the murder of Kolawole Badejo (deceased).

The facts of the case are that the accused/appellant had a fight with the deceased on 20th November, 2009 and in the course of the fight the appellant used knife and inflicted lethal injury on the back and left leg of the deceased. The deceased bled profusely which led him to the state of unconsciousness and was thereafter rushed to the hospital. Sequel to that, the appellant was arrested and arraigned before the High Court and was tried convicted and sentenced.

Dissatisfied by his conviction and sentence, the appellant appealed unsuccessfully to the Court of Appeal which affirmed his conviction and sentence by the High Court. Further piqued by the affirmation of his conviction and sentence by the Court of Appeal, the appellant further appealed to the Supreme Court.

ISSUES FOR DETERMINATION

The apex Court determined the appeal on this sole issue couched as follows:

“Whether having regard to the evidence led by the prosecution the trial Court and the Court of Appeal were right in holding that the prosecution proved the case of murder against the appellant beyond reasonable doubt.”

DECISION/HELD

On the whole, the Apex Court found no merit in the appeal and accordingly dismissed same.

RATIOS:

  • CRIMINAL LAW AND PROCEDURE- OFFENCE OF MURDER: What prosecution must prove in a charge of murder
  • EVIDENCE- CAUSE OF DEATH: Whether the cause of death of a victim must be the act of the accused person
  • EVIDENCE- CONFESSIONAL STATEMENT: Tests for determining the truth or weight to attach to a confessional statement before a court can convict on same
  • EVIDENCE- PROOF BEYOND REASONABLE DOUBT: The requirement of the law as regard proof beyond reasonable doubt

lawpavilion • March 4, 2019


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