Ratio DecidendiRatio Decidendi



AGUMADU
V.
THE QUEEN

(1963) JELR 39847 (SC)    

Supreme Court  ·  F.S.C.104/1963 ·  23 May 1963 ·  Nigeria
 · 
Other Citations
(1963) All N.L.R 201
CORAM
LIONEL BRETT JSC JOHN IDOWU CONRAD TAYLOR JSC BAIRAMIAN JSC

Ratio Decidendi

Core Terms Beta
section
criminal code
charge
lesser offence
offence
criminal procedure act
murder
person
indictment
common law
felony
information
unlawful wounding
absence of authority
appeal
criminal procedure ordinance
facts
infliction of matchet cuts
judge
25th day of april
accused person
attempts
case of an attempt
charge of the full offence of murder
complete lesser offence
convict of an act
convict of an attempt
convict of unlawful wounding
fraudulent false accounting
grave charge
human life
judgement of the court
judgement of the court of criminal appeal
offence consisting of several particulars
particular nature of the offence of murder
part of the charge
parts of the charge
possible alternative verdicts
powers
present case
remaining particulars
single count
statement of offence
such act
such apt words
such details
such lesser offence
words of section

BREIT, F.J. (delivering the judgement of the Court): The appellant was charged on an Information containing a single count, which read as follows:-

"STATEMENT OF OFFENCE
ATTEMPTED MURDER contrary to section 320 (1) of the Criminal Code.
PARTICULARS OF OFFENCE
NWAOGUGUA AGUMADU, on the 25th day of April, 1962 at Onitsha in the Province of Onitsha, in the Onitsha Judicial Division, unlawfully attempted to murder Nwoji Agumadu by giving him matchet cuts."

After reviewing the evidence the judge held in his judgment that the accused "is entitled to an acquittal on the extremely grave charge of attempting to kill his cousin but that does not absolve him from all blame."

He went on:-

"Since I do not accept his defence that there was sufficient provocation to excuse the assault, and since there was an unlawful wounding, I can under the powers conferred on me by section 179 (1) and (2) of the Criminal Procedure Ordinance convict him of an offence against section 338 of the Criminal Code and I d…
There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login