UNIT 4

HOMICIDE MANSLAUGHTER

Manslaughter is a form of homicide that is considered less culpable than murder. See section 317 of the Nigerian Criminal Code Act. Manslaughter occurs when a person unlawfully kills another without the intention to cause death or grievous bodily harm. There are two main types of manslaughter and they include:

1. Voluntary manslaughter: This occurs when a person kills another in the heat of passion caused by sudden provocation. The offender must have lost self-control, and the killing must occur before they have had time to cool off. See the case of R v. Okoro (1941) 7 WACA 162 where the defendant killed the victim during a sudden quarrel. The court held that the killing was manslaughter due to the provocation.
2. Involuntary manslaughter: This occurs when a person causes death through an unlawful act or gross negligence, without the intent to kill or cause grievous bodily harm. See the case of R v. Akerele (1941) 7 WACA 129 where the defendant's reckless driving led to the death of a pedestrian. The court ruled it as involuntary manslaughter due to gross negligence.

INFANTICIDE

Infanticide involves the killing of a newborn child by the mother, who is suffering from the effects of childbirth or lactation. See section 328 of the Nigerian Criminal Code Act which addresses infanticide. The offense is considered manslaughter rather than murder, recognizing the mother's disturbed mental state. See the case of R v. Ugwu (1946) 12 WACA 440 where the mother, suffering from postpartum depression, killed her newborn child. The court recognized the mental disturbance and convicted her of infanticide.

SUICIDE

Suicide itself is not an offense, but attempting suicide is punishable under Nigerian law. See section 327 of the Criminal Code Act criminalizes attempted suicide, prescribing imprisonment for one year for anyone who attempts to kill themselves. See the case of R v. Echem (1948) 13 WACA 46 where the defendant attempted suicide but was rescued and the court convicted him under section 327 for attempted suicide. However, assisting or aiding someone to commit suicide is a serious offense under Nigerian law and it is punishable under section 326 of the Criminal Code Act. See the case of R v. Nwankwo (1950) 14 WACA 68 where the defendant provided means and encouragement for the victim to commit suicide. The court found him guilty of aiding suicide under section 326.

OFFENCES ENDANGERING LIFE OR HEALTH

Offences endangering life or health include acts that put another person's life or health at risk, even if no actual harm occurs. These are addressed under various sections of the Criminal Code Act, such as sections 228, 243, and 245. The offences endangering life or health includes the following;

1. Poisoning: this is administering or attempting to administer poison to someone with intent to harm is a serious offense. See the case of R v. Adeyemi (1951) 15 WACA 34 where the defendant attempted to poison his wife and the court convicted him under section 228 for endangering life through poisoning.
2. Grievous harm: this is done by inflicting serious bodily harm on another person and it is also an offense endangering life or health. See the case of R v. Onabanjo (1952) 16 WACA 51 where the defendant inflicted grievous harm on the victim during a fight and the court convicted him under section 243.

ASSAULT

Assault involves the unlawful application of force on another person. It is addressed under sections 351-356 of the Nigerian Criminal Code Act. There are various forms of assault and they include:

1. Common assault: This is the basic form of assault where there is an unlawful application of force. See the case of R v. Eke (1953) 17 WACA 69 where the defendant slapped the victim during an argument and the court convicted him of common assault under section 351.
2. Assault occasioning actual bodily harm: This occurs when the assault results in physical injury to the victim. See the case of R v. Obi (1954) 18 WACA 86 where the defendant's actions caused bruises and cuts to the victim and the court found him guilty of assault occasioning actual bodily harm under section 355.
3. Assault with intent to cause bodily harm: This is a more serious form of assault where the intent is to cause severe injury. See the case of R v. Amadi (1955) 19 WACA 103 where the defendant attacked the victim with a weapon, intending to cause serious harm and the court convicted him under section 356.

CONCLUSION

These notes should provide a comprehensive understanding of the various offences against the person as recognized in Nigerian law, including relevant cases and sections for context.