LEGAL PRINCIPLE: CRIMINAL LAW – Common Intention – Joint Criminal Liability Under Section 79 of the Penal Code
PRINCIPLE STATEMENT
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Bashaya v. State (1998) NLC-1151996(SC) at pp. 15–16; Paras A–C.
"When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone."
EXPLANATION / SCOPE
Section 79 of the Penal Code creates joint liability. The common intention must be shared. The act of one is the act of all. The principle applies to criminal trials. The prosecution must prove common intention. The intention may be inferred from conduct. The rule applies to all participants. The accused need not have performed the physical act. The principle promotes accountability in group crimes. The court will examine the evidence of common purpose.
