CORAM

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ADEMOLA CHIEF JUSTICE, NIGERIA

TAYLOR JUSTICE, SUPREME COURT

BAIRAMIAN JUSTICE, SUPREME COURT

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PARTIES

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PHILIP UPETIRE

APPELLANTS 

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A. G WESTERN NIGERIA

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW -CONVICTION FOR MURDER/ EVIDENCE

 

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SUMMARY OF FACTS

The appellant appealed to the Supreme Court against his conviction by the High Court and court of appeal for the murder of a boy, Jones Wilson. The appellant killed the deceased, and another son of P.W.2 Jessy Wilson, cut off their heads, and buried the bodies in separate places from the heads, is not disputed. The reasons for such savage acts or the circumstances leading up to these are however disputed.

 

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HELD

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The appeal was dismissed.

 

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ISSUES

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Whether on the preponderance of evidence it has been shown that the appellant was at the time of the offence unable to control his action.

 

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RATIONES DECIDENDI

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WHERE EVIDENCE FALLS SHORT OF WHAT IS REQUIRED BY LAW.

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“That he was suffering, and had been so suffering, from the disease geroderm from birth; that such a disease also carries with it some degree of mental trouble, and that such condition grows worse as the patient grows older are facts amply established by the evidence of the medical expert. Where this evidence falls short of what is required by law is as to the extent to which this disease-geroderm- had affected the appellant’s will, and his ability to control his action, at the time of the act complained of.” Per TAYLOR, J.S.C.

 

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CASES CITED

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R. v. Omoni 12 W.A.C.A 511 

Reg. v. Rivetts 34 C.A.R. 87 at page 94.

 

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STATUTES REFERRED TO

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