HOMICIDE

• Discuss the following;

• Homicide- history, its uniqueness,
• lawful and unlawful homicide,
• moral, religious and legal views.
• The student’s concerns and anxieties.
MURDER
• What is murder?
• Read and discuss the following
sections of the law;
• Sections 308 and 316 of the
Criminal code.
• Section 220 of the Penal code.
• Intentions in Murder;
• The accused must have intended the
following;
• To cause death
• To cause grievous bodily harm.
• Read Hyam v D.P.P (1972) 2 All E.R- PG
119 LA
 REQUIREMENTS
• An intention to cause death
• An intention to cause grievous bodily harm
• Recklessness as to the causing of death
• Recklessness as to the infliction of grievous
bodily harm.
• Discuss the arguments on this position of the
law.
• Read also S 221 of the penal code.
• See Idiok v State (2006) 12 NWLR, Part 993.
P.1
• Mbang v State (2010) 7 NWLR PT 1194,
P.431
• Akinfe v State (1988) 3 NWLR PT 85, P. 301
• Okoro v State (1988) 5 NWLR PT 94, P.225
• Onah v State(1985) 3 NWLR PT. 12, P.236
 ACTUS REUS OF MURDER
• The actus reus of murder is causing the
death of a human being in situations that
are not excusable, lawful or justified
under the law.
• Who is a human being or a person in
rerum natura under the law?
• discuss the issue of abortion and an
unborn child.
• Read the following cases;
• R V West (1848) 2 C&K 748
• State v Linus Akpan (1972) UILR 457
• Teggivonor v State (2008) 1 NWLR
PT.1069, P630
• R V Dyson (1908) 24 K.B 454.
• Discuss causation Briefly
• One year one day rule
• Corpse of the deceased-
actual death or missing- for
how long?
 BURDEN OF PROOF
• This lies on the Prosecution to proof;
• The instrument of murder--types
• Part of the body hit
• Degree of force used
• Quantity or type of poison administered.
• Read pages 214-217 of the BA
• See R V Oledima (1940) 6 W.A.C.A &
Giremabe V Bornu N.A(1961) 1 All N.L.R
 ABSENCE OF BODY
• Must a corpse of the deceased or victim be laid
in evidence before a murder trial commences?
• Discuss what is permissible in various climes.
 PUNISHMENT
• The punishment for murder is death.
• What is the position in England?
• But read S 319 of the criminal code.
• Also s 371(1) CPA of the – pgs 141-
142 of LA.
• DEATH CAUSED BY OMISSION TO
PERFORM A DUTY-
• Criminal responsibility may arise not only in respect
of death caused by a positive act but also in respect
of death caused by an omission where there is a
legal duty to act.
• Can a moral duty suffice? Discuss.

• Duty to provide necessaries- Section 300 (READ)-

The charge may be imposed by law or may arise
under a contract or by reason of any act which may
be lawful or unlawful.,the offence may be murder or
• manslaughter according to the circumstances.if the
neglect is such as to show recklessness or
carelessness the offence is manslaughter. Read R v
Stone and Robinson (1977) 2 All E.R 341.&R v
MacDonald (1904) St. R .Qd.., 151.

• Duty of head of family-read section 301.

• Duty of persons doing dangerous acts-read section

303. See R v Akerele (1941) 7 W.A.C.A 56.
• Duty of persons with dangerous things-read section
304 and see the following cases R v Dablestein
(1966) Qd. R. 411, R V Scarth (1945) St. R. Qd.
38,R v Callaghan(1952) 87 C.L.R 115 and Akerele v
R (supra).

• Duty to do certain acts-read section 305

• LAWFUL HOMICIDE-
It is not every killing of a human being
that is unlawful.
Section 306 of the C.C provides that the
killing of a human being is unlawful
unless it is authorised or justified by law.
E.g execution of sentence-see section
254 of the C.C. self defence.
 Defence of property
• Read section 282 of the C.C.
• Property includes everything animate
or inanimate, capable of being
subject of ownership. See Police V
Aileru (1958) W.R.N.L.R 153, read
also section 289-294. See R V Ebi
(1936) 3 W.A.C.A.
• various provisions of the Code
allow the use of reasonable force
in defence of other kinds of
property provided no harm is done
to the person against whose
conduct the property is being
defended.
 Accidental Deaths

• Death caused by misadventure is

excusable. This occurs where a
person kills another in purely
accidental circumstances without
intending to cause death or
unlawful harm and without any
gross negligence.
 Lawful Arrest
• preventing escape or rescue after arrest-
when a peace officer is proceeding
lawfully to arrest,with or without warrant,
a person for an offence which is a felony,
and is such that the offender may be
arrested without warrant, and the person
sought to be arrested takes to flight in
order to avoid arrest,
• it is lawful for the peace officer to use any
suchforce as may be reasonably neccesary
to prevent the escape of the person sought
to be arrested; and if the offence is such
that the offender may be punished with
death or with imprisonment for 7years or
more, may kill him if he cannot by any
means otherwise be arrested.

Read section 273 & 261 Of the code.

 Killing of Thieves

• This is one of the most controversial

issues before the Nigerian courts.
Read section 12 Of Criminal
Procedure Act, sections 261, 272 &
273 of the code and compare them.
• The following are the usual decisions
of the court on this controversial
issue;
(1) There is no law that authorises
the killing of a person merely
because he is a notorious thief or
because he is caught stealing.see R V
Jegede(1955) W. N. L.R 33.
• 2.A private person is authorised to
arrest a thief. If the thief tries to
escape,he may kill him if he believes
on reasonable grounds that his
conduct is neccessary in order to
prevent the escape and the offence is
such that the offender may be
arrested without warrant.
• 3. if a private person seeks to arrest a
thief who takes to flight without
using force in resistance,it is
unlawful to kill the thief.
• See R V Nwokorafor (1944) 10
W.A.C.A 221.
• 4. if the thief uses force to resist the
arrest,it may be lawful to kill him
provided the conduct is reasonable
under the circumstance.Generally
speaking,if a person having no right
to do so, kills a thief, the offence is
murder.
 SUPPRESSION OF RIOTS
• In summary , under Sections 73, 276-280 a
person may lawfully kill in order to suppress a
riot provided that the danger to be
apprehended from the continuance of the riot
warrants such killing.
• Discuss.
 CONSENT TO DEATH

• READ SECTION 299.

• See Okezi vs State (1972) 2
E.C.S.L.R. 419

• DEATH BY MISADVENTURE.
• READ SECTION 69.
 SELF-DEFENCE
• Discuss the history of self defence in
humanity.
• Read sections 32(3) of the criminal code and
59 of the penal code.
• As much as the law recognises the natural
instinct in man to self- preservation , it lays
down some limitations in order to avoid an
anarchical society.
• These limitations are well entrenched in
sections 286 of the criminal code and 62 of
the penal code.
• Under the penal code , where a person
defends his body against assault such as rape,
abduction or kidnapping , the right of self-
defence will avail the accused person.
• Where the attacker is unarmed , the accused
person can hardly succeed in pleading self
defence if he repelled the bare hand attack
with a lethal weapon.
• Read the following cases;
• State vs Gworji (1965) 1 N.N.L.R. 52
• R V Josiah Onyemaizu (1958) N.R.N.L.R
• Isaac Pennington Blake vs Queen (1942)
W.A.C.A. 118.
• Abadallahe vs Bornu N.A. (1963) 1 All N.L.R.
154.
• R V Igwe (1961) All N.L.R. 27.
• Queen vs Stephen Oji(1961) All N.L.LR. 453
• Another limitation is placed under section 63
of the penal code where the attacked person
is requested to have recourse to public
authorities.--- discuss.
 AIDING IN SELF-DEFENCE
• Read section 288.
• See State vs Agbo (1977) 3 E.C.S.L.R 4.