LEGAL PRINCIPLE: CRIMINAL LAW – Murder – Specific Intent – Necessity to Prove Intent to Kill or Cause Grievous Harm
PRINCIPLE STATEMENT
One of the elements of murder as provided for in s.316(a) or (b) of the Criminal Code is that the act done must be with the intent to kill or to inflict grievous bodily harm. This is what is known as 'specific intention' which is necessary for sustaining a murder charge. If that specific intention is unable to be established beyond reasonable doubt by the prosecution, then the court will be unable to find the accused guilty of murder. The prosecution must prove that the evidence adduced was consistent only with murder and no other offence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Amayo v. State (2001) NLC-2412000(SC) at pp. 12–13; Paras D–B.
"One of the elements of murder as provided for in s.316(a) or (b) of the Criminal Code is that the act done must be with the intent to kill or to inflict grievous bodily harm. This is what is known as 'specific intention' which is necessary for sustaining a murder charge. If that specific intention is unable to be established beyond reasonable doubt by the prosecution, then the court will be unable to find the accused guilty of murder. The prosecution must prove that the evidence adduced was consistent only with murder and no other offence."
EXPLANATION / SCOPE
Murder requires specific intent to kill or cause grievous bodily harm. The prosecution must prove this intent beyond reasonable doubt. If specific intent is not proved, the accused cannot be convicted of murder. The evidence must be consistent only with murder and no other offence. The court may infer intent from the nature of the act, the weapon used, and the body part targeted. The prosecution need not prove intent to kill if intent to cause grievous harm is proved. Grievous harm means serious bodily injury likely to endanger life. The specific intent element distinguishes murder from manslaughter. The burden is on the prosecution to prove intent.
