LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Intent to Cause Grievous Bodily Harm Sufficient for Murder
PRINCIPLE STATEMENT
Even if the accused did not intend to cause death, if he at least intended to cause grievous bodily harm, the offence is murder under Section 319 of the Criminal Code.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, inĀ Ukut v. StateĀ (1995) NLC-461992(SC) at pp. 12; Paras C--D.
"It may well be that the appellant did not intend the death of the deceased but he at least intended to cause a grievous bodily harm. That would still make the offence committed a murder under Section 319 of the Criminal Code."
EXPLANATION / SCOPE
Murder requires either intention to kill or intention to cause grievous bodily harm. The prosecution need not prove intention to kill. The principle is codified in Section 319 of the Criminal Code. Grievous bodily harm means serious bodily injury. The court will infer intention from the nature of the act. The rule applies to all murder cases. The accused may be convicted of murder even if death was unintended. The principle ensures that those who cause death through serious violence are held accountable. The jury or judge must be satisfied that the accused intended grievous harm.