SANYAOLU
V.
THE STATE

(1976) JELR 44458 (SC)    

Supreme Court  ·  SC.403/1975 ·  28 May 1976 ·  Nigeria
 · 
Other Citations
Sanyaolu v. State (1976) 5 S.C. 21
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
accused
1st p
man
section
death
evidence
learned trial judge
penal code
cause of death
criminal procedure code
2nd p
conviction of the appellant
fact
lesser offence
reasons
written statement
8th day of october
accused of an offence
act of the accused
a. fatayi-williams
appeal
appeal court
better position
business of a court of appeal
cross-examination
culpable homicide
dr. ahmad tolba muhammed
evidence of p.w.2
evidence of the accused
finding of the learned trial judge
findings of fact of the learned trial judge
high court of kano state
joseph bitmuld
junction of market road
kano city hospital
leading judgment
light of the doctors evidence
normal circumstances
number of occasions
offence of culpable homicide
own version
own views
points
post mortem
sabon gari
sabon gari police station
such injury
truthful witness
type of injury
views of the trial judge

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): The Accused, now Appellant, was originally charged in the High Court of Kano State sitting at Kano with culpable homicide not punishable with death. After considering the evidence adduced by the Prosecution and the defence put forward by the Accused, the learned trial judge accepted the case for the Prosecution and rejected the defence put forward by the Accused. He, however, found him not guilty of the offence of culpable homicide not punishable with death but guilty of a lesser offence of causing death when the intention was to cause hurt or grievous hurt only. This lesser offence is punishable under section 225 of the Penal Code. The finding of the learned trial judge in this respect reads:-

I am aware of the fact that the Accused has not been charged with section 225 of the Penal Code. Section 217 of the Criminal Procedure Code empowers a court to convict an Accused of an offence proved even though the Accused was not o…

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