WHAT DEGREE OF PROVOCATION WILL REDUCE THE OFFENCE OF MURDER TO ONE OF MANSLAUGHTER

CASE TITLE: ESSIEN v. STATE (2021) LPELR-55181(CA)

JUDGMENT DATE: 22ND JULY, 2021

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: RITA NOSAKHARE PEMU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

This is an appeal against the judgment of the Ondo State High Court, Akure.

​On the 10th of September, a quarrel ensued between the Appellant and the deceased, which led to a fight. In the course of the fight, both parties picked up separate knives, the deceased picking up a knife first. In the process, the Appellant stabbed the deceased, one Edidion Blessing with a knife thereby killing him.

The Appellant denied killing the deceased. As at the time of the stabbing of the deceased, the Appellant’s brother was standing outside the house, he later came inside and saw what had happened. He beat up the Appellant and handed him over to the Police.

The Appellant made a confessional statement which was later retracted.

The Appellant was arraigned before the trial Court on a one-count charge of murder contrary to the provisions of Section 319 of the Criminal Code Cap 37, Vol. 1 Laws of Ondo State.

At the trial, the Appellant pleaded not guilty to the charge. The Prosecution called three witnesses and tendered five exhibits while the Appellant testified on his own behalf.

The trial Court convicted the Appellant for manslaughter and sentenced him to a term of ten (10) years imprisonment hence this appeal.

ISSUES FOR DETERMINATION

The appeal was determined upon consideration of the following issues:

1. whether the decision of the trial court was reasonable having regard to the weight of evidence adduced before it to have decided that the appellant stabbed the deceased as a result of provocation generated by an altercation as to the issue of money and that the provisions of section 318 of the criminal code is apt and applicable and sentenced the appellant to 10 years imprisonment.

2. whether the learned trial judge was not in error by his failure to properly evaluate the evidence proffered by the respondent and the appellant before reaching a conclusion and convicted the appellant for the offence of manslaughter.

DECISION/HELD

The appeal was unanimously dismissed. The judgment of the trial Court was accordingly affirmed. The Appellant was sentenced to 10 years imprisonment for the offence of manslaughter.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE: Conditions that must be established for a successful plea of self defence
• CRIMINAL LAW AND PROCEDURE – CONVICTION FOR LESSER OFFENCE: Whether a Court can convict an accused person of a lesser offence with which he was not charged
• CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION: What degree of provocation will reduce the offence of murder to one of manslaughter
• EVIDENCE – EVALUATION OF EVIDENCE: Factors to be considered when evaluation of evidence is being challenged