LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Construction of Section 316(3) of the Criminal Code – Act Done in Prosecution of Unlawful Purpose Likely to Endanger Human Life
PRINCIPLE STATEMENT
To secure a conviction for murder under subsection (3) of section 316, the prosecution must prove that the death of the deceased was caused by means of an act done in the prosecution of an unlawful purpose and that the act is of such a nature as to be likely to endanger human life. An act cannot be said to be likely to have a certain result if a reasonable man would not expect it to have such a result, even though in the event that result ensued.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Idowu v. State (2000) NLC-1931999(SC) at pp. 15, 19; Paras D–A, C–D.
"To secure a conviction for murder under subsection (3) of section 316, the prosecution must prove that the death of the deceased was caused by means of an act done in the prosecution of an unlawful purpose and that the act is of such a nature as to be likely to endanger human life. An act cannot be said to be likely to have a certain result if a reasonable man would not expect it to have such a result, even though in the event that result ensued."
EXPLANATION / SCOPE
Section 316(3) murder requires proof that the act causing death was done in prosecution of an unlawful purpose and was objectively likely to endanger human life. The test is objective—what a reasonable person would expect. Death resulting from an act that a reasonable person would not foresee as endangering life does not constitute murder under this subsection, even if death occurs. This objective standard prevents liability for unforeseeable consequences. The prosecution must establish both the unlawful purpose and the inherent likelihood of danger to life.