3PLR – ATAT OF MANGOR V. REGINA FEDERAL

POLICY, PRACTICE AND PUBLISHING, LAW REPORTS  3PLR

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ATAT OF MANGOR

V.

REGINA

FEDERAL SUPREME COURT OF NIGERIA

12TH DECEMBER, 1956

FSC.248/1956

CWLR (1956) 3

 

 

OTHER CITATIONS

LN-e-LR/1956/19 (SC)

 

 

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CHILDREN AND WOMEN LAW – WIFE KILLING: – Women and Domestic violence – Husband stabs wife to death – Plea of drunkenness and provocation – Degree of drunkenness and provocation required to reduce murder to manslaughter – Relevant considerations

__________________________

 

BEFORE THEIR LORDSHIPS:

OLUMUYIWA JIBOWU, AG. F.C.J. (Presided and Read the Judgment of the Court)

M.C. NAGEON DE LESTANG, F.J.

PERCIVAL CYRIL HUBBARD, AG. F.J.

 

REPRESENTATION

Applicant not represented.

  1. O. KAZEEM, Crown Counsel -for Respondent

 

OTHER ISSUES

CRIMINAL LAW AND PROCEDURE: – Murder – Defence of drunken­ness and provocation – When not applicable

PRACTICE AND PROCEDURE – LEAVE OF COURT: – Leave of court to appeal against conviction for murder – Whether can be refused

 

 

MAIN JUDGMENT

JIBOWU, Ag. F.C.J. (Delivering the Judgment of the Court):

The applic­ant was convicted of murdering his wife, Ullo, by Bairamian, S.P.J., at the High Court, Jos, on the 24th October, 1956. His application for leave to ap­peal against this conviction was refused on the 7th December, 1956, and we now give reasons for the refusal.

Medical evidence called at the trial showed that the deceased had died of haemorrhage from the liver and lung as a result of stab wound on the back between the 8th and 9th ribs which cut the upper part of the liver, right diap­hragm, and lower lobe of the right lung. It was proved by the prosecution and the applicant, then accused, admitted inflicting the wound from which the deceased died.

The applicant relied on the defences of drunkenness and provocation, both of which the learned trial Judge rejected. The evidence did not show that the applicant was so drunk that he did not know what he was doing but showed, that although he had been drinking, he yet knew what he was doing and that it was wrong at the time of the stabbing and afterwards.

With regard to the defence of provocation, the applicant made a statement to the police that he stabbed his wife because she had expressed a wish to cease to be his wife. At his trial he added that his wife also insulted him. This the Judge did not believe as the allegation of insulting language which the applicant did not make to the police appeared to be an afterthought. It appeared that the learned Judge reached a right decision on the evidence before him, and we therefore refused the application for leave to appeal.

 

DE LESTANG, F.J.: I concur.

 

HUBBARD, AG. F.J.: I concur.

Application refused

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