LEGAL PRINCIPLE: CRIMINAL LAW – Offences – Threatening to Kill – Essential Ingredients to Constitute Offence under Section 323 of the Criminal Code
PRINCIPLE STATEMENT
For a charge under section 323 of the Criminal Code, the prosecution must prove that: (i) the accused sent or delivered the letter, (ii) knew the contents of the letter, (iii) the contents of the letter amount to threat to kill or murder.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Ubanatu v. Commissioner of Police (2000) NLC-691999(SC) at p. 6; Paras A–B.
"For a charge under section 323 of the Criminal Code, the prosecution must prove that: (i) the accused sent or delivered the letter, (ii) knew the contents of the letter, (iii) the contents of the letter amount to threat to kill or murder."
EXPLANATION / SCOPE
Section 323 of the Criminal Code criminalizes threatening to kill. The prosecution must establish three essential elements: (1) the accused sent or delivered the writing; (2) the accused knew its contents; and (3) the contents constitute a threat to kill or murder. All elements must be proven beyond reasonable doubt. The third element is objective—whether the writing itself, properly construed, conveys a threat to take life. Absence of any element defeats the charge. This ensures that only genuine threats, knowingly communicated, attract criminal liability.