LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Proof of Intentional and Premeditated Killing
PRINCIPLE STATEMENT
Where the evidence shows that the accused moved backwards to take aim before firing, the shooting was premeditated and not sudden or accidental, establishing the necessary intention for murder.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Oguonzee v. State (1998) NLC-1311997(SC) at pp. 10–11; Paras A–C.
"I believe the 4th prosecution witness when he testified that the accused person moved backwards for a distance of about seven feet before he took his aim with the pistol and fired at the deceased… From the evidence of the 4th prosecution witness which I believe, and which evidence as to distance and cause of death is corroborated by the evidence of the 2nd prosecution witness, the shooting of the deceased was premeditated and therefore not sudden or accidental."
EXPLANATION / SCOPE
Premeditation can be inferred from conduct. Actions such as moving backwards to take aim indicate intention. The principle applies to murder cases. The prosecution need not prove motive. The court will infer intention from the circumstances. The rule distinguishes premeditated killing from accident or sudden heat. The accused’s actions before the act are relevant. The court may infer malice aforethought. The principle assists in proving mens rea.
