Legal Principles – Nigerian LawCompass

Criminal Law Important

CRIMINAL LAW – Murder – Proof of Ingredients – Intentional Act with Knowledge of Consequences

"The prosecution in order to establish this case of murder beyond reasonable doubt against the appellant adduced evidence: (i) that the deceased had died; (ii) that the death of the...

Criminal Law Important

CRIMINAL LAW – Homicide – Proof of Cause of Death – Necessity for Medical Evidence Where Cause is Obvious

"It is an accepted principle of law in homicide cases that where the cause of death is obvious as in the instant case medical evidence ceases to be of practical...

Criminal Law Important

CRIMINAL PROCEDURE – Substitution of Conviction – Power to Convict for Lesser Offence

"By virtue of section 179 of the Criminal Procedure Law applicable in Imo State, where the evidence proves a lesser offence than the one charged, the court may substitute a...

Criminal Law Important

CRIMINAL LAW – Culpable Homicide – Intention – Whether Intention to Cause Death May Be Inferred from the Nature of the Act

"In the definition of culpable homicide punishable with death under Section 221(b) of the Penal Code it has been made clear that whether death was the probable or only a...

Criminal Law Important

CRIMINAL LAW – Murder – Test for Whether Act is of a Nature Likely to Endanger Human Life

"The test for whether an act is of a nature likely to endanger human life must depend on whether death or the loss of human life is a reasonably probable...

Criminal Law Important

CRIMINAL LAW – Murder – Rape Resulting in Death – Whether Constitutes Murder or Manslaughter Under Section 316(3)

"Where death results from the very act of ravishment, the act and the purpose are one and the same thing. In such circumstances, in the absence of evidence that the...

Criminal Law Important

CRIMINAL LAW – Murder – Ingredients to be Proved

"In a charge of murder, the burden is on the prosecution to prove that: (a) the deceased had died; (b) the death of the deceased was caused by the accused;...

Criminal Law Important

CRIMINAL LAW – Threatening to Kill – Meaning of “Threatening to Kill” – Warning of Third Party’s Threat Not Sufficient

"A warning by the writer of a letter, even if it is false and mischievous, that a third person is threatening to kill the person to whom the letter is...

Criminal Law Important

CRIMINAL LAW – Offences – Threatening to Kill – Essential Ingredients to Constitute Offence under Section 323 of the Criminal Code

"For a charge under section 323 of the Criminal Code, the prosecution must prove that: (i) the accused sent or delivered the letter, (ii) knew the contents of the letter,...

Criminal Law Important

CRIMINAL LAW – Murder – Proof of Ingredients – Intentional Act with Knowledge of Consequences

CRIMINAL LAW – Homicide – Proof of Cause of Death – Necessity for Medical Evidence Where Cause is Obvious

CRIMINAL PROCEDURE – Substitution of Conviction – Power to Convict for Lesser Offence

CRIMINAL LAW – Culpable Homicide – Intention – Whether Intention to Cause Death May Be Inferred from the Nature of the Act

CRIMINAL LAW – Murder – Test for Whether Act is of a Nature Likely to Endanger Human Life

CRIMINAL LAW – Murder – Rape Resulting in Death – Whether Constitutes Murder or Manslaughter Under Section 316(3)

CRIMINAL LAW – Murder – Ingredients to be Proved

CRIMINAL LAW – Threatening to Kill – Meaning of “Threatening to Kill” – Warning of Third Party’s Threat Not Sufficient

CRIMINAL LAW – Offences – Threatening to Kill – Essential Ingredients to Constitute Offence under Section 323 of the Criminal Code

CRIMINAL LAW – Provocation – Time for Passion to Cool

CRIMINAL LAW – Provocation – Ingredients of the Defence

CRIMINAL LAW – Murder – Proof of Cause of Death