UNIT 3

OFFENCES AGAINST PERSONS

Offences against persons involve actions that cause harm or pose a threat to the physical and psychological well-being of individuals. These offences range from non-fatal to fatal and include assault, battery, rape, kidnapping, and homicide.

1. Assault: Assault involves intentionally causing another person to apprehend immediate and unlawful violence. Under Nigerian law, assault can be simple or aggravated. See the case of Amodu v. The State (2018) LPELR-45133(SC) which highlights the elements required to prove an assault, including the intention and the reasonable apprehension of harm by the victim.
2. Battery: Battery is the actual infliction of unlawful force on another person. It goes beyond the mere apprehension of harm to include the physical contact that is either harmful or offensive. See the case of Nwankwoala v. FRN (2019) LPELR-46955(CA) where the court emphasized the need for physical contact in proving battery, distinguishing it from mere threats or verbal abuse.
3. Rape: Rape is the unlawful carnal knowledge of a woman or girl without her consent. Under the Criminal Code Act, section 357, rape is a severe offence with heavy penalties. See the case of Ogunbayo v. The State (2007) LPELR-2358(SC) which outlines the necessary elements to prove rape, including lack of consent and penetration.
4. Kidnapping: Kidnapping involves the unlawful abduction or detention of a person against their will. It is addressed under section 364 of the Criminal Code Act. See the case of State v. Oladimeji (2019) LPELR-47216(CA) where the court provided an interpretation of what constitutes kidnapping and the requisite intention of the perpetrator.

LAWFUL HOMICIDE

Lawful homicide refers to the killing of a person under circumstances that are justified or excused by law. Such instances include self-defense, defense of others, and lawful execution. See the Criminal Code Act under section 33 and the case of R v. Oke (1915) 1 NLR 27 which clarifies the circumstances under which homicide may be considered lawful, particularly focusing on self-defense.

1. Self-defense: Self-defense justifies the use of reasonable force to protect oneself from an imminent threat of harm or death. See the case of Ogunleye v. The State (1999) LPELR-2345(SC) where the Supreme Court upheld the right to self-defense, emphasizing the necessity and proportionality of the force used.
2. Defense of others: Similar to self-defense, this justification applies when a person uses force to protect another person from harm. See the case of The State v. Oladimeji (2019) LPELR-47216(CA) which also discussed the defense of others in the context of lawful homicide.

UNLAWFUL HOMICIDE

Unlawful homicide refers to the illegal killing of a person without justification or excuse. It includes murder and manslaughter. See the Criminal Code Act under section 316 and the case of Akinfe v. The State (1988) LPELR-326(SC) where the court distinguished between lawful and unlawful homicide, emphasizing the absence of justification in the latter.

1. Manslaughter: Manslaughter is a form of unlawful homicide that lacks the premeditation or intention characteristic of murder. It can be voluntary or involuntary. See the Criminal Code Act, under sections 317-319 and the case of R v. Akerele (1941) 7 WACA 1 where the court discussed the elements of manslaughter, focusing on the absence of intent to kill or cause grievous bodily harm.
2. Homicide murder: Murder is the unlawful killing of another person with malice aforethought. It is the most serious form of homicide and carries severe penalties. See the Criminal Code Act, under section 319 and the case of Adava v. The State (2006) LPELR-75(SC) which elaborates on the elements of murder, including intent and the foreseeability of death as a consequence of the defendant's actions.

NOVUS ACTUS INTERVENIENS

Novus actus interveniens, or a new intervening act, refers to an event that occurs after the defendant’s act, breaking the chain of causation and absolving the defendant of liability for the resulting harm. See the case of R v. Smith (1959) 2 QB 35 which is often referenced in Nigerian jurisprudence to explain how an intervening act can break the chain of causation.

INTERVENING ACTS OF SELF-PRESERVATION OR PREVENTION OF CRIME

These acts occur when a victim's actions in self-preservation or in preventing a crime break the chain of causation, potentially absolving the original perpetrator of liability. See the case of Udofia v. The State (1988) LPELR-3309(SC) which illustrates how the victim's act of self-preservation was considered in determining the defendant's liability.

CONCLUSION

Understanding the nuances of offences against persons, lawful and unlawful homicide, murder, and the principles of novus actus interveniens is crucial for the proper application of criminal law in Nigeria. These principles are embedded in the Criminal Code Act and have been interpreted and applied in numerous cases to ensure justice and accountability.