THE QUEEN V. ONORO

• Pages: 26-27

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NIGERIAN SUPREME COURT CASES [1961] N.S.C.C.

"In the judgment of this court, when a witness is shown to have made previous

statements inconsistent with the evidence given by that witness at the trial, the

Jury should not merely be directed that the evidence given at the trial should

be regarded as unreliable; they should also be directed that the previous state-

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ments, whether sworn or unsworn, do not constitute evidence upon which they

can act."

It did not, however, result in any miscarriage of justice for the net result was that

the learned trial Judge gave consideration to a further possible defence though it

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was not set up by the appellant, i.e. the defence founded on witchcraft.

Appeal dismissed.

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THE QUEEN V. ONORO.

THE QUEEN

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RESPONDENT

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V

MOSES ONORO

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APPELLANT

SUIT NO. FSC 296/1960

FEDERAL SUPREME COURT.

BRETT,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

2nd February, 1961.

Criminal Law - Intention to kill - Inference drawn front nature of wound -

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Criminal Code 5.320(2) the

second

instance of an attempt to murder.

ISSUE:

1. Whether a Court may infer from the nature of a wound inflicted on a person,

that there was an intention to kill.

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FACTS:

The appellant went to his brother's house in an angry mood, and in the cause

of the quarrel that ensued picked up a matchet and gave his brother a savage blow.

Fortunately his brother's life was saved. He was charged with attempted murder

under section 320(3) of the Criminal Code. Having regard to the nature of the

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wound, the learned Chief Justice was of the opinion that it gave rise to the inference

that the intention was to kill the complainant and he convicted the appellant ac-

cordingly.

HELD:

In a count laid under paragraph (2) of section 320 of the Criminal Code, the

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Court may, having regard to the nature of the wound inflicted, infer that the inten-

tion was to kill.

[As to intention to kill, see 11 HALSBURY'S LAWS 4th Edition 16-17 Paras 10 &

11.]

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Ayoola

(with him

Okuwa),

for Appellant.

Kayode Eso, Senior Crown Counsel,

for the Crown.