manslaughter • Helar

Q928. What really is the offence of Manslaughter?

By the definition of manslaughter in Section 317 of the Criminal Code Act, it means unlawfully killing of a human being in such circumstances that does not properly or fully constitute the offence of Murder. This can happen by the Voluntary or Involuntary act of the accused person.

An example of Voluntary Manslaughter is a situation where a person voluntarily or purposefully kills another but under such circumstance of Provocation (S. 318 CCA) that in the instant or in sudden reaction, he would be seen to have been robbed of his reasoning faculty. EKEOZOR V. THE STATE (2018) HELAR; SIMEON V. THE STATE (2018) HELAR

An Involuntary Manslaughter would be held to be the offence committed where the accused person had no intention to kill or do anyone grievous bodily harm, or where death results from an unlawful act likely to cause harm but not grievous harm or death yet death occurred nonetheless, or where death results from gross negligent act in the course of doing a lawful act. ADESINA V. THE PEOPLE OF LAGOS STATE (2019) HELAR.

Q929. How, in a situation where the accused caused grievous bodily harm to another, the nature and severity of the grievous harm caused by the offensive act, for example, a gun shot in the chest or head of the victim, it looks as an attack meant to kill, will it still be needed that the prosecution must prove ‘intention to kill’ by some other evidence?

No. The court can deduce from the nature of the dangerous nature of the act and the severity of the injury that what the accused truly intended was to kill. That was how the necessary ingredient of intention to kill was supplied in the case of R. ONORO (1961) 1 ALL N.L.R. 33 and in STATE V. AGBO (1972) 2 E.C.S.L.R. 182. UKPONG V. THE STATE (2019) HELAR

Q930. If a convicted fellow serving a prison term, and who while so serving attempts to kill another prison inmate or prison staff or visitor to the prison or some other person he sees when brought out of the prison yard for manual labour or in court premises, how will he be punished for this offence?

Section 321 of the Criminal Code Act anticipates the commission of such an offence. If the convict-suspect is already serving a prison term that is up to 3 years, and he is convicted for this described second offence, he will be liable to be sentenced to imprisonment for life

Q931. Is there any criminal punishment for somebody who without doing anything to aid the act of murder or being part of the agreement to commit murder, but who somehow got to know that some person(s) actually killed a human being but who fails to report such knowledge to the appropriate authorities out of fear?

Yes, he will be considered an Accessory After the Fact to the offence of murder. He will, as provided in Section 322 of the Criminal Code Act, be punished, if convicted, to a term of imprisonment for life.

Q932. At what point does killing of another human being become manslaughter or Homicide not punishment with death?

Simply put, manslaughter as an offence is one ingredient short of murder. This means that same acts which constitute murder would become manslaughter where it is established that there was the absence of intention, gross negligence or recklessness. Section 317 of the Criminal Code Act, Cap.C38 LFN, 2004 and Section 222 and 223 of the Penal Code. ADESINA V. THE PEOPLE OF LAGOS STATE (2019) HELAR

Q933. Does the defence of Accident operate in favour of the Defendant to completely exculpate the Defendant in a charge for murder?

Yes, once the Defendant successfully proves the defence of Accident, it would operate to completely exonerate him from the crime of murder. Section 24 of the Criminal Code Act, Cap.C38, LFN, 2004. ADEGBOYE V. THE STATE (2017) HELAR; MUHAMMAD V. THE STATE (2018) HELAR

Q934. What happens where a person plans and executes some overt acts or does some dangerous, negligent or reckless act or omits to do an act of which he is in a position to do, the doing or omission of which death or grievous bodily harm would be the probable consequence, but for some reasons, the target or victim escapes death, what offence can the person be charged with?

That would be considered and treated as the offence of Attempted Murder. Section 320 of the Criminal Code Act provides that any person who;

(1) attempts unlawfully to kill another; or

(2) with intent to unlawfully kill another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a felony and is liable to imprisonment for life.

But unlike in a situation where an act capable of causing grievous bodily harm which actually causes the death of the victim, in the case of attempted murder, the Prosecution would need to prove the intent to kill but which caused only grievous bodily harm before such act will suffice as ingredient sufficient to convict in a charge of attempted murder. See R. V. NWAUGOAGWU (1962) 1 ALL N.L.R. 294; OZULOKE V. STATE (1965) N.M.L.R. 125. BAMIDELE V. THE STATE (2019) HELAR.

Q935. Where the defence of provocation is successfully pleaded in defence of a charge for murder, what is the effect on the trial?

Where the defence of Provocation is successfully pleaded and proved by the Defendant, it is not a complete defence as it will not totally exonerate the Defendant. Provocation as a defence will only operate to reduce a charge of murder to that of Manslaughter. Section 284 & 318 of the Criminal Code Act, Cap.C38 LFN, 2004

Q936. Will the defence of self-defence totally exonerate a Defendant in a charge for murder?

Yes, the defence of self defence when perfectly proven will totally exonerate the Defendant in a charge for murder. It will avail the Defendant who is in apprehension of death or grievous harm. Where death result from the use of force to protect his life Sections 286 and 287 of the Criminal Code Act, Cap.C38 LFN, 2004 will where operate to exculpate him. See also Section 222(2) of Penal Code. ADEGBOYE V. THE STATE (2017) HELAR; MUHAMMAD V. THE STATE (2018) HELAR

Q937. If a person does an act or omission that would qualify for an attempt to murder but the target of his evil will luckily escapes unhurt, without a scratch on his body, will the absence of bodily injury mean that the accused cannot be validly convicted for attempted murder?

No. The suspect can still be convicted where his action or omission clearly establishes an intention to kill. An instance is where a person intending to kill another fires a shot at him at a close range but misses

Q938. What happens where a person agrees with others to kill another person but did not actually participate in act of killing the deceased with them, can he escape the punishment for the offence of killing that other human being?

No, he will not. He would be held and convicted for the crime of Conspiracy to murder (Section 324 of the CCA), while his co-conspirator(s) will be equally so convicted, and also convicted for the act of murder. For the offence of conspiracy the person will be liable to imprisonment for 14 years.

Q939. When will the defence of Extra-ordinary Emergency provided in Section 26 of the Criminal Code Act operate to exculpate a Defendant in a charge for murder?

The defence of extra-ordinary emergency would avail a Defendant only in cases where the right to life of some other individual is sought to be preserved not with the intention to destroy another. For example where a person is wearing a bomb which is about to explode, the officer who fires a slot at him which leads to his death would not be criminally liable for the offence of murder. On the other hand, where due to hunger, a group of persons conspire and agree to kill another for food, they would be responsible for murder and the defence of extra ordinary emergency would not avail them. See Regina V. Dudley & Stephen (1884) A.C 435; or where a village gods are said to have requested for a human sacrifice and the villagers conspire to use a member for the sacrifice, the defence of extra ordinary emergency would not avail them in a charge of murder. It is immaterial that the deceased consented to the act of murder.

Q940. What happens where a person is charged for murder of a person he inflicted injuries on and who later on dies in circumstances that the Prosecution was unable to prove that the deceased died as a direct result of the injuries the accused inflicted on him?

In such instance of the injuries well established to have been inflicted on the deceased by the accused but the crucial element of Cause of death could not be precisely or directly ascertained to be as a result of the injuries ‘beyond reasonable doubt’, the court can convict the accused of the lesser offence of attempted murder and punish the accused accordingly. BAMIDELE V. THE STATE (2019) HELAR

Q941. We do often enough hear someone accusing another of threatening to kill him. Is it an offence for one, having some misunderstanding with another, who says or writes him a letter or note threatening that he will kill that other person?

Yes, if the threat is in a written form. See Section 323 of the CCA that provides for a 7 year imprisonment term as punishment for that offence. But where it is only an oral or verbal threat in the course of a quarrel it may amount only to such misdemeanor as criminal assault or something else, depending on the circumstances.