SUMMARY OF R V. NWAOKE

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R V. NWAOKE

The accused pointed a juju called “onye uku” at the deceased who owed him money and said if the he(the deceased) refused to pay him the money he was owing him(accused) the juju will kill him or he will no more eat or drink. After saying this he left the juju at the accused home though, there is no evidence of the deceases not eating, she was very depressed and six days later went out and hanged herself on a very high tree. The trial judge applied s. 310 of the code and found the accused guilty of manslaughter. On appeal the west African Court of appeal held that there was no evidence that the particular juju used had ever resulted in a person killing himself and no evidence that the act of the accused would be reasonably likely to cause the deceased to commit suicide, quashing the conviction of the trial court.

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