CRIMINAL PROCEDURE — Lesser Offence — Conviction for Lesser Offence — Ingredients Must Be Similar
Ratio Decidendi
Per Musdapher, JSC, in NAF v. Kamaldeen (2007) NLC-123-75-2001(SC) at p. 17; Paras C–E:
"Before an accused can be convicted for a lesser offence under Section 142(1) above, the ingredients of the offences charged and the lesser offence must be similar. This is because the law postulates a consideration of circumstances under which the offence charged and the offence of which he is to be convicted. It cannot be invoked where the two offences have no similarities in their ingredients or circumstances of their commission."
Explanation / Scope
The power to convict for a lesser offence is not unlimited. The court must find that the lesser offence is substantially similar to the offence charged, particularly in its essential ingredients. Where the elements of the offences are entirely different, a conviction for the lesser offence would be a departure from the charge and would prejudice the accused’s right to know the case against him. The provision is intended to avoid a complete acquittal where the evidence proves a lesser but related offence, not to permit conviction for an unrelated offence.