LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Section 316(c) of Criminal Code – Act Done in Prosecution of Unlawful Purpose – Distinction Between Act and Unlawful Purpose
PRINCIPLE STATEMENT
The expression 'an act done in the prosecution of an unlawful purpose' in section 316(c) of the Criminal Code must mean an act done in furtherance of a purpose which is unlawful. The act itself is different from the unlawful purpose. Where there is only one unlawful act which is at the same time dangerous, and that act itself constitutes both the unlawful purpose and the dangerous act, the accused cannot be found guilty of murder under s.316(c). Section 316(c) relates to an act of such a nature as to be likely to endanger human life when the act is done in the prosecution of a further purpose which is unlawful.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Amayo v. State (2001) NLC-2412000(SC) at pp. 19–21; Paras B–A.
"The expression 'an act done in the prosecution of an unlawful purpose' in section 316(c) of the Criminal Code must mean an act done in furtherance of a purpose which is unlawful. The act itself is different from the unlawful purpose. Where there is only one unlawful act which is at the same time dangerous, and that act itself constitutes both the unlawful purpose and the dangerous act, the accused cannot be found guilty of murder under s.316(c). Section 316(c) relates to an act of such a nature as to be likely to endanger human life when the act is done in the prosecution of a further purpose which is unlawful."
EXPLANATION / SCOPE
Section 316(c) murder requires an act done in furtherance of an unlawful purpose, where the act itself is distinct from the purpose. If the unlawful act constitutes both the purpose and the dangerous act, section 316(c) does not apply. The section contemplates a separate unlawful purpose, not merely the act causing death. Example: setting a fire to burn a house (purpose) causing death (act). If the act and purpose are identical, the accused may be guilty of manslaughter, not murder under 316(c). The provision targets cases where the act is done to achieve another unlawful objective. The distinction prevents misapplication. The prosecution must prove a distinct unlawful purpose.
