Ingredients Required to Establish the Offence of Culpable Homicide Punishable With Death and the Methods of Proving It

CASE TITLE: C.O.P. v. SIMON (2024) LPELR-63065(CA)
JUDGMENT DATE: 2ND DECEMBER, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: ONYEKACHI AJA OTISI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Offence of Culpable Homicide Punishable With Death.

FACTS:

This appeal was lodged against the judgment of the High Court of Kaduna State sitting in Kafanchan, delivered on June 28, 2022, Coram S. S. Daka, J.

The Respondent was alleged to have conspired with the co-defendant, one Barnabas Kumai, to beat a certain Yunana Abuks to death with sticks on 8/1/2021, at Ungwan Katung Dutse, Fadan Kagoro, Kaura Local Government Area of Kaduna State. The Appellant was charged with the offence of criminal conspiracy to commit culpable homicide and culpable homicide punishable with death, punishable under Sections 59 and 109 (b) of the Penal Code Law of Kaduna State, 2017, respectively. Upon conclusion of the hearing of the case, the Respondent was discharged and acquitted.

​Dissatisfied with the decision, the Appellant appealed.

ISSUE(S) FOR DETERMINATION:

The Court considered:

“Whether the trial Court was right when it held that the prosecution failed to prove the charge of criminal conspiracy and culpable homicide punishable with death against the Respondent.”

DECISION/HELD:

In conclusion, the Court dismissed the appeal.

RATIOS:         

• CONSTITUTIONAL LAW- PRESUMPTION OF INNOCENCE: Presumption of innocence of an accused person; duty of prosecution to rebut same
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH: Ingredients that must be proved to establish the offence of culpable homicide punishable with death; ways of proving it
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH: Effect of failure to prove the ingredients of the offence of culpable homicide punishable with death
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases
• EVIDENCE- CONFESSIONAL STATEMENT: Definition of confession as provided for in the Evidence Act
• EVIDENCE- CONFESSIONAL STATEMENT: When a statement made by the accused will be regarded a confession

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