CORAM
ADEMOLA, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
QUASHIE-IDUN, JUSTICE SUPREME COURT
PARTIES
RISKUWA SHANAWA
APPELLANTS
SOKOTO NATIVE AUTHORITY
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—DEFENCE OF PROVOCATION—APPEAL
SUMMARY OF FACTS
The accused/appellant was charged with culpable homicide of the death of deceased. The two men had been engaged in a fight, were the deceased had held the hair of the appellant and refused to let go inspite of a knife wound on his hand and ribs. The appellant was released from the deceased grip when his hair was cut, the deceased died in the dispensary later that night.
HELD
The appellant is sentenced to a term of 7 years imprisonment with hard labour.
ISSUES
Whether the provocation was sufficient to deprive a reasonable man of his self-control
RATIONES DECIDENDI
PROVOCATION AS A DEFENCE
“The test to be applied is whether the provocation was sufficient to deprive a reasonable man of his self-control, not whether it was sufficient to deprive of his self-control the particular person charged.” Per ADEMOLA C.J.F.
CASES CITED
1. R. v. Lesbini 24 Cox, 516;11 C.A.R. 7
2. R. v. Alexander, 23 Cox, 604; 9 C.A.R. 139
3. R. v. Snow, 1 Leach 151; 1 East P.C. 244;
4. R. v. Taylor, 5 Burr. 2793
STATUTES REFERRED TO
1. The Penal Code