Principle Archive

The ingredients of the defense of provocation are: (i) the act of provocation which must be grave and sudden; (ii) the loss of self-control, both actual…

In order to rely on self-defense as a defense to a charge of murder, the force used must be proportionate to the force used or threatened…

When a person is unlawfully assaulted and has not provoked the assault, it is lawful for them to use such force to the assailant as is…

The correct legal position is that where a person attacked another person with a lethal weapon and the other person died on the spot, it is…

In a charge of murder, the burden is on the prosecution to prove beyond reasonable doubt: (i) that the deceased had died; (ii) that the death…

A court is competent when: (1) it is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified;…

Where an extra-judicial confession has been proved to have been made voluntarily and it is positive and unequivocal and amounts to an admission of guilt, it…

For a confession to be upheld, it should be tested as to its truth by examining it in light of other evidence to determine whether: (a)…

Where the steps required to be taken as stipulated in the rules are silent as to whether it should be in open court or in chambers,…

Section 185(b) of the Criminal Procedure Code provides mandatorily that no person shall be tried by the High Court on a charge preferred against them without…

When an appeal comes up for hearing and an appellant has not filed a brief of argument, it can reasonably be said that the appellant has…

Apart from the provisions made in the Court of Appeal Rules 1981 as amended by the Court of Appeal (Amendment) Rules 1984, the Court of Appeal…