INGREDIENTS OF UNLAWFUL KILLING

 

The following are the ingredients of unlawful killing:

               i.     If the offender intends to cause the death of the person killed, or that of some other person: this ingredient is supported by the provision of section 316(1) of the Criminal Code. It buttresses the intent to kill. There is a presumption of intent to kill in favour of the deceased where death is caused and it is immaterial that the accused intended to kill A but ended up killing B. See the case of R v Hopwood (1913) 8 Cr. App. R 143. In the case of Hyam v Dpp, the House of lords held that the intention to cause death is established if it is proved that the accused deliberately or intentionally did the act knowing that it was probable (highly probable). For the purpose of drawing an inference of what act constitutes an intention to kill, let us examine or cursorily look at the provision of section 19(2) of the Penal Code. It provides that an effect is said to be probable consequence of the act if the occurrence of that consequence would be considered by a reasonable man to be the natural and normal effect of the act.

             ii.     Death caused by an act done in the prosecution of an unlawful purpose: the Supreme Court held in Aga v State (1976) 7 SC 173 that the expression “in the prosecution of” means “furtherance of.” In the case of R v Gould (1960) Qd R 283, two accused persons caused the death of a pregnant woman while trying to abort her. They had introduced into her vagina a liquid produced by boiling a mixture of glycerine, Dettol and Surf. The liquid caused necrosis of the uterine wall and so entered her blood-stream and caused her death. The court of Appeal for Queensland distinguished R v Hughes and held that section 302(2) of the Queensland Criminal Code applied because the act and the purpose were different things. The unlawful purpose was to abort the woman and the dangerous act was the act of introducing into her vagina a noxious substance. See generally section 316(3) of the Criminal Code. 

           iii.     Where death is caused by administering any stupefying or overpowering things for either of the purposes last aforesaid. See generally section 316(5) of the Criminal Code.

           iv.     Where death is caused by wilfully stopping the breath of any person for either of such purposes. See generally section 316(6) of the Criminal Code.