SUMMARY OF UDO UDO OBOT v. QUEEN 14 (WACA) 352

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UDO UDO OBOT v. QUEEN 14 (WACA) 352

The deceased broke into the house of the accused during the night and stole some meat. The accused chased him and cut him with a machete and he died. His conviction for murder was upheld because the thief was unarmed Verity C.J. in that case held as follows “A person who in the night finds another in the act of committing a felony is entitled to used such force as may be necessary to apprehend the felon, even to the extent of killing him in order to prevent his escape but it would be an unhappy state of affairs if when he has caught up with the escaping felon who is unarmed, he should be at liberty to hack him to death with a lethal weapon such as a machete. This goes far beyond the force which would be justified by the circumstances and is in our view clearly murder.”

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