Whether in Law a Person is Taken to Have Intended the Natural Consequence of His Action

CASE TITLE: HASSAN v. STATE (2026) LPELR-83738(SC)

JUDGMENT DATE: 10TH APRIL, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: CHIDI NWAOMA UWA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of Culpable Homicide.

FACTS:

This is an appeal against the decision of the Court of Appeal sitting in the Kaduna Division (Coram: U. M. Abba Aji (as he then was), M. A. Oredola and I. S. Bdliya, JJCA.) delivered on the 25th of January, 2019. The Appellant was tried for the offence of culpable homicide, in proof of which the prosecution called six witnesses, while the defendant testified and called no witness. In a considered judgment, the trial Court found the Appellant guilty as charged and sentenced him to death by hanging. Peeved by his conviction and sentence, the Appellant appealed to the Court of Appeal. The said appeal was unsuccessful as the Appellant’s conviction and sentence was affirmed. Further dissatisfied with the decision of the Court of Appeal, the Appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on the sole issue of:

Whether the Court below was right to have affirmed the judgment of the trial Court which convicted the Appellant of the offence of culpable homicide.

DECISION/HELD:

The appeal was dismissed.

RATIOS:         

• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE: Ingredients of the offence of culpable homicide
• CRIMINAL LAW AND PROCEDURE- INTENTION: Whether in law a person is taken to have intended the natural consequence of his action
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases; how same is discharged
• EVIDENCE- HEARSAY EVIDENCE: Meaning of hearsay evidence and whether same is admissible: exception to the hearsay rule
• EVIDENCE- EVIDENCE OF AN EYE WITNESS: Status of the evidence of an eye witness
• EVIDENCE- CONTRADICTION IN EVIDENCE: Meaning of contradiction in evidence; nature of contradiction in evidence that will be fatal to a case
• EVIDENCE- CONFESSIONAL STATEMENT: Conditions for admissibility of a confessional statement; whether it is desirable to have some other evidence to corroborate the confessional statement

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