CRIMINAL LAW — Murder — Proof of Offence — Ingredients to be Established by Prosecution
Ratio Decidendi
Per Adekeye, JSC, in Edoho v. State (2010) NLC-123-372-2007(SC) at p. 7, para. E – p. 8, para. A:
"In a murder case, the prosecution must prove beyond reasonable doubt the following ingredients; which are - (a) That the deceased died. (b) That the death of the deceased resulted from the act of the appellant and (c) That the act of the appellant was intentional with the knowledge that death or bodily harm was its probable consequence."
Explanation / Scope
This principle establishes the three ingredients of murder that the prosecution must prove beyond reasonable doubt: death of the deceased, causation by the accused’s act, and intent with knowledge that death or bodily harm was probable. The principle applies in murder 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 proving murder.