LEGAL PRINCIPLE: CRIMINAL LAW – Threatening to Kill – Mens Rea as Essential Element
PRINCIPLE STATEMENT
The word 'knowing' in the context of section 323 of the Criminal Code will include improper motive... The evidence in this case does not reveal any mens rea, directly or indirectly by the appellant in writing Exhibits 1 and 3, or a threat to kill any person by him either directly or indirectly.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Ubanatu v. Commissioner of Police (2000) NLC-691999(SC) at p. 10; Paras A–B.
"The word 'knowing' in the context of section 323 of the Criminal Code will include improper motive... The evidence in this case does not reveal any mens rea, directly or indirectly by the appellant in writing Exhibits 1 and 3, or a threat to kill any person by him either directly or indirectly."
EXPLANATION / SCOPE
Mens rea is essential to the offence of threatening to kill. The requirement that the accused “knowing” the contents sends the writing imports a mental element—knowledge coupled with intent or improper motive. Mere accidental transmission or unawareness of contents does not suffice. The prosecution must prove the accused acted with culpable state of mind. Absence of mens rea, whether direct or indirect, renders the charge unsustainable. This ensures that innocent or inadvertent conduct does not attract criminal liability.