LEGAL PRINCIPLE: CRIMINAL LAW — Homicide — Causation — Section 314 Criminal Code Presupposes Finding of Guilt
PRINCIPLE STATEMENT
Section 314 of the Criminal Code anticipates a situation where the accused is found guilty of the offence of murder or manslaughter. Where an accused is not found guilty, the time frame in section 314 will not apply.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Aiguobaruoghian & Anor v. State (2004) NLC-2942002(SC) at p. 36; Paras A–B.
"In my view, section 314 anticipates a situation where the accused is found guilty of the offence of murder or manslaughter. Where an accused is not found guilty, as in this appeal, the time frame in section 314 will not apply."
EXPLANATION / SCOPE
Section 314 of the Criminal Code (deeming death caused if it occurs within a specified time after injury) only applies after a finding of guilt. It cannot be used as a tool to prove causation when guilt itself is in doubt. The section presupposes the accused is already found guilty of causing the injury, and then deems causation for death within the time frame. This serves preventing circular reasoning where a presumption of causation substitutes for proof of guilt. The court cannot invoke section 314 to establish causation where the prosecution has otherwise failed to prove guilt beyond reasonable doubt.