LEGAL PRINCIPLE: EVIDENCE LAW — Firearms — Judicial Notice of Statutory Definition — Grenade as Firearm
PRINCIPLE STATEMENT
By the Firearms Act, a grenade is a prohibited firearm and a lethal weapon. The court can take judicial notice of this definition; no expert evidence is required to prove it, as it is intrinsic in the Act itself.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in State v. Olatunji (2003) NLC-2062001(SC) at pp. 15–16; Paras D–A.
"By this definition, a firearm is any lethal barrelled weapon of any description, and it includes a prohibited firearm of the categories described or referred to in parts I, II and III of the schedule to the Act. Item 4 part I of the said schedule reads: '4. Bombs and grenades'. This clearly shows that a grenade is a prohibited firearm and a lethal weapon within the meaning of the Fire Arms Act and one does not need any evidence of an expert to prove it as it is intrinsic in the Act itself."
EXPLANATION / SCOPE
A grenade is statutorily defined as a prohibited firearm. The principle applies to evidence law. Judicial notice is taken of statutory definitions. Expert evidence is not required. The rule simplifies proof. The court will rely on the Act. The principle is well-established.