CRIMINAL LAW — Culpable Homicide — Proof of Ingredients — Requirement to Prove Death, Causation, and Intent
Ratio Decidendi
Per Ogbuagu, JSC, in Oludamilola v. State (2010) NLC-123-317-2008(SC) at p. 19, para. C – p. 20, para. A:
"The ingredients of the offence which must be proved beyond doubt by the prosecution are as follows: 1. That the death of a human being has actually taken place. 2. That such death was caused by the accused. 3. That the act was done with the intention to cause death or that the accused knew or had reason to know that death should be the probable and not only the likely consequence of his act."
Explanation / Scope
This principle establishes the three ingredients of culpable homicide that the prosecution must prove beyond reasonable doubt: death of a human being, causation by the accused, and intent or knowledge that death was the probable consequence. The principle applies in homicide trials. It ensures that all elements are proved. The principle reflects the burden on the prosecution. It prevents conviction without proof of all ingredients. The court must require proof of each element. The principle provides guidance on proving culpable homicide.