CRIMINAL LAW — Armed Robbery — Essential Ingredients to be Proved
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ogudo v. State (2011) NLC-123-341-2010(SC) at p. 12; Paras B—C:
"To succeed in the offence of armed robbery the prosecution must establish that: (a) There was a robbery; (b) It was carried out with the use of offensive weapons; and (c) The accused person participated in the robbery. All of the above must be proved beyond reasonable doubt before a conviction can be sustained."
Explanation / Scope
This principle establishes the three ingredients of armed robbery: robbery, use of offensive weapons, and participation by the accused, all proved beyond reasonable doubt. The principle applies in armed robbery 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 armed robbery.