CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
PHILIP UPETIRE
APPELLANTS
A. G WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW -CONVICTION FOR MURDER/ EVIDENCE
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.
HELD
The appeal was dismissed.
ISSUES
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.
RATIONES DECIDENDI
WHERE EVIDENCE FALLS SHORT OF WHAT IS REQUIRED BY LAW.
“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.
CASES CITED
R. v. Omoni 12 W.A.C.A 511
Reg. v. Rivetts 34 C.A.R. 87 at page 94.
STATUTES REFERRED TO
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