GENERAL & AVIATION SERVICES LTD VS CAPTAIN PAUL M. THAHAL
June 12, 2025CHIEKWE IKWUNZE ESIAGA V UNIVERSITY OF CALABAR
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 41911
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Apr 15, 2004
Suit Number: SC. 28/2003
CORAM
KUMAI BAYANG AKA’AHS
ACHOLONU
PARTIES
OSAREMWINDAN AIGUOKHIAN APPELLANTS
THE STATE(EDO STATE) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant shot the deceased to death and claimed he thought he was shooting a dear.
HELD
The court held that the defence of mistake was unavailable to the appellant and his story an assault to intelligence.
ISSUES
1. Whether upon the evidence, the defence of mistake is available to the Appellant. 2. Whether from the circumstances of this case the defence of insanity under section 28 of the Criminal Code is available to flue Appellant.
RATIONES DECIDENDI
CASES CITED
R. V. Tolson 23 Q.B.D. 1 68|Green V. State, 221 SW. 2d 612.|People V. Fitz Patrick 247 P.601, 78 CA. 37
STATUTES REFERRED TO
None|
