CRIMINAL LAW AND PROCEDURE – INTENTION – How intention is inferred in murder cases


“In the situation on ground for a conviction to lie in the charge of murder, the prosecution must prove the criminal intent of an accused person to cause grievous bodily harm and this can be gleaned from the weapon used and the part of the body targeted at the stomach. In this instance, where the appellant used a dangerous weapon, being an Ak47 his service rifle in attacking the deceased by shooting the Court has the liberty to infer the intent to cause grievous bodily harm which resulted in the death of the deceased. He cited Nwokearu v State (2013) All FWLR (pt. 689) 1040, Michael v State (2008) All FWLR (pt.431) 875; Sule v State (2009) 17 NWLR (pt.1169) 33; Achuku v State (2015) All FWLR (pt. 779) 1079 at 1109.” Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 19 – 20 Paras F – C)

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