WHERE MEDICAL EVIDENCE WILL NOT BE NECESSARY IN A CRIMINAL MATTER

Saheed Afeez Ayinde

DEEMLAWFUL

Medical evidence amongst every other means of evidences, had in plethora cases of Criminal matters, rendered a great service to court proceedings in attaining justice and reaching the end of such matter with a calculated stress.

The importance of this type of evidence is undaunted and would mostly nailed every matter it’s been called upon. However, in some circumstances, this type of evidence will not be necessary due to the clarity of the case/matter.

As echoed and re-echoed in the wordings of per Akintan, JSC and sir Katsina-Alu, JSC

in the case of Ben V. State (supra), (2006) 16 NWLR (Pt. 1006) 582
per Akintan, JSC, stated as follows

In cases, where a man was attacked with lethal weapon, and he died on the spot, cause of death can properly be inferred that the wound inflicted caused the death. Put in another form, where the cause of death is obvious, medical evidence ceases to be of any practical or legal necessity in homicide cases. Such a situation arises where death is instantaneous or more so.

sir Katsina-Alu, JSC [as he then was], further observed as follows

The Appellant struck the deceased on the head He fell down unconscious, never regained consciousness until he died a few hours later in hospital. Medical evidence was not necessary to determine the cause of death in the circumstances of this case. It could properly be inferred that the wound inflicted caused the death of the deceased.

Expositions Legal

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