Critical Factors in Assessing an Accused Person’s Intent Regarding a Deceased’s Death

CASE TITLE: ICHADO v. STATE: (2023) LPELR-61363(CA)
JUDGMENT DATE: 30TH NOVEMBER, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the offence of Culpable Homicide Punishable with Death.

FACTS:

This appeal is against the decision of the High Court of Kogi State in Charge No. AHC/4C/2020: THE STATE vs. DANLADI ICHADO, delivered on September 28, 2021. The Appellant who was the defendant at the trial court, was arraigned on a two-count charge of culpable homicide, contrary to Section 221(a) of the Kogi State Penal Code.

The facts depict that the PW1 and the deceased persons were on their way to the farm, but while on their way, the PW1 stopped to breastfeed her baby and while she was doing so, one of the deceased persons saw a man squatting in a cassava farm, and the man pursued and attacked them, stabbing the deceased persons severally but the PW1 was able to escape as the man slipped and fell whilst pursuing her, but not before one of her deceased companions had recognised the man as the Appellant. Later, after the Appellant, had been arrested, an identification parade was conducted and the PW1 identified the Appellant as the man who attacked them and killed the deceased persons.

At the end of the trial, the trial Court held that the offences charged had been proved beyond reasonable doubt and it consequently convicted the Appellant as charged and sentenced him to death.

The Appellant was dissatisfied with the decision of the trial Court and appealed.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on a sole issue, viz:

“Whether the offences charged have been proved beyond reasonable doubt?”

DECISION/HELD:
In the final analysis, the Court dismissed the appeal.

RATIOS:
• CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person
• CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI: Meaning of alibi and duty of the prosecution where a defence of alibi is raised
• CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI: Duty on an accused person to raise the defence of alibi timeously and to give particulars of his whereabout at the time the offence was committed and effect of failure; instance when the defence of Alibi will not avail the accused
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH: Ingredient(s) that must be proved to establish the offence of culpable homicide punishable with death
• CRIMINAL LAW AND PROCEDURE – INTENTION: Whether in law a person is taken to have intended the natural consequence of his action
• CRIMINAL LAW AND PROCEDURE – INTENTION: Factors to be considered in considering whether an accused person had the intention of causing the death of the deceased
• CRIMINAL LAW AND PROCEDURE – INTENTION: Meaning of intention; how same can be inferred
• EVIDENCE – CONTRADICTION IN EVIDENCE: Whether contradiction in the evidence of a witness that would be fatal must relate to material facts and be substantial

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