LEGAL PRINCIPLE: CRIMINAL LAW – Culpable Homicide – Section 221(b) of the Penal Code – Ingredients – Knowledge that Death Would Be Probable Consequence
PRINCIPLE STATEMENT
A person is clearly guilty of an offence under Section 221 if he does an act which causes death with intention to cause death or if he knew or had reason to know that death would be the probable consequence of his act. Where both injuries intended to be inflicted are sufficient in the ordinary cause of nature to cause death the offence falls under Section 221(b) of the Penal Code. If from the intentional act of injury committed the probability of death resulting is high, the finding should be that the accused intended to cause death or injury sufficient in the ordinary cause of nature to cause death.
RATIO DECIDENDI (SOURCE)
Per Uthman Mohammed, JSC, in Garba & Ors v. State (2000) NLC-1571999(SC) at p. 7; Paras A–B.
"A person is clearly guilty of an offence under Section 221 if he does an act which causes death with intention to cause death or if he knew or had reason to know that death would be the probable consequence of his act. Where both injuries intended to be inflicted are sufficient in the ordinary cause of nature to cause death the offence falls under Section 221(b) of the Penal Code. If from the intentional act of injury committed the probability of death resulting is high, the finding should be that the accused intended to cause death or injury sufficient in the ordinary cause of nature to cause death."
EXPLANATION / SCOPE
Section 221(b) culpable homicide requires either intention to cause death or knowledge that death was the probable consequence of the act. Where the intended injury is sufficient in ordinary course to cause death, the offence is established. High probability of death from the intentional act supports inference that accused intended death or knew death would result. The test focuses on the nature of the act and its inherent dangerousness. Knowledge of probable death is an alternative mental element—proof of either intention or knowledge suffices for conviction under this provision.