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ANEJI IREK V. THE STATE

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ANEJI IREK V. THE STATE

Legalpedia Citation: (1976) Legalpedia (SC) 98372

In the Supreme Court of Nigeria

Thu Apr 15, 1976

Suit Number: SC. 145/1975

CORAM


SOWEMIMO, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT


PARTIES


ANEJI IREK APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was charged, convicted and sentenced to death for the murder of one Nyama Agara. He was alleged to have shot her at about 6.00am in his yam barn.


HELD


The appeal was dismissed


ISSUES


That the learned trial Judge was entitled to come to the conclusion that he did on the evidence before him.


RATIONES DECIDENDI


ELEMENTS OF MURDER


it is my considered view that when the accused saw the deceased and fired at him he intended to inflict at least grievous harm on the deceased and as the deceased died as a result of such grievous harm, the accused must be deemed to have intended the consequences of his unlawful act. Per MADARIKAN, JSC.


CASES CITED


None.


STATUTES REFERRED TO


Criminal Code


CLICK HERE TO READ FULL JUDGMENT

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