LEGAL PRINCIPLE: EVIDENCE LAW – Cause of Death – Inference from Fatal Attack with Lethal Weapon
PRINCIPLE STATEMENT
Where a man is attacked with a lethal weapon and dies on the spot, it is hardly necessary to prove the cause of death by medical evidence; it can properly be inferred that the wound inflicted caused death.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, quoting Ademola, CJN inĀ Tonari v. The State, inĀ Ukut v. StateĀ (1995) NLC-461992(SC) at pp. 24; Paras C--E.
"It was argued before the learned trial Judge that cause of death was not proved. We are in agreement with his views that in cases of this nature where a man was attacked with a lethal weapon and died on the spot, it is hardly necessary to prove the cause of death; it can properly be inferred that the wound inflicted caused death."
EXPLANATION / SCOPE
Medical evidence is not always essential to prove cause of death. When death is instantaneous following a lethal attack, the court may infer causation. The principle applies to homicides where the fatal wound is obvious. The prosecution must still prove that the accused inflicted the wound. The rule is based on common sense and judicial notice. The court may rely on eyewitness testimony and circumstantial evidence. The principle prevents acquittal solely because medical evidence is unavailable. The standard remains proof beyond reasonable doubt. The judge must be satisfied that the wound was the cause of death.