LEGAL PRINCIPLE: CRIMINAL LAW — Parties to Offence — Common Intention — Unlawful Assault Resulting in Death
PRINCIPLE STATEMENT
Where a number of persons acting in concert join in an unlawful assault which results in the death of their victim, it is not mandatory for the prosecution to establish the precise act of a particular accused person that directly caused the death.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 13; Paras D–E.
"Where a number of persons acting in concert joined in an unlawful assault which resulted in the death of their victim it is not mandatory for the prosecution to establish the precise act of a particular accused person that directly caused the death of the deceased."
EXPLANATION / SCOPE
In a joint unlawful assault causing death, precise causation need not be proved against each accused. The principle applies to criminal law. All participants are liable. The rule recognises the difficulty of attributing specific acts. The prosecution need only prove participation in the common assault. The principle is well-established.