LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Trial – Alternative Verdicts – Duty of Court to Consider Manslaughter Even Where Defence is Accident
PRINCIPLE STATEMENT
Whatever the line of defence adopted by counsel at the trial of a prisoner, it is for the judge to put such questions as appear to him properly to arise upon the evidence even although counsel may not have raised some question himself. It is for the court, with the assistance of the jury, to arrive at the true view of the facts without paying too much attention to whether a particular witness is called by one side or the other. Where the facts present an alternative and more appropriate offence of manslaughter, the court must consider that possibility even if both parties sought total acquittal or total conviction of the homicide charged.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Amayo v. State (2001) NLC-2412000(SC) at pp. 13–14, 21–22; Paras D–A, E–B.
"Whatever the line of defence adopted by counsel at the trial of a prisoner, it is for the judge to put such questions as appear to him properly to arise upon the evidence even although counsel may not have raised some question himself. It is for the court, with the assistance of the jury, to arrive at the true view of the facts without paying too much attention to whether a particular witness is called by one side or the other. Where the facts present an alternative and more appropriate offence of manslaughter, the court must consider that possibility even if both parties sought total acquittal or total conviction of the homicide charged."
EXPLANATION / SCOPE
The court must consider manslaughter as an alternative verdict if the evidence supports it, regardless of the defence adopted. The judge’s duty is to put questions arising from the evidence, not just those raised by counsel. The court must arrive at the true view of the facts. Even if both parties seek acquittal or murder conviction, the court may convict of manslaughter. The principle prevents convictions for murder where the evidence shows only manslaughter. The court cannot ignore a lesser included offence. The accused’s defence (e.g., accident) does not preclude a manslaughter conviction if the evidence supports it. The court must ensure the verdict matches the evidence.
