IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

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• By confession of the accused person that he killed the deceased Amie Bah and which confession appears to the Court to be true. See ACHABUA V STATE (1976)12SC 63. • ABASI V STATE (1992)8BWKR (pt. 260)383 at 398. • By circumstantial evidence which points irresistibly to the commission of the offence by the accused thereby leaving no room for conjectures or ground for reasonable doubt. See AJOSE V STATE (2002)7NWLR (pt. 766) 302 at 320 • ESAI V STATE 11SC.39 • By the combination of (1) and (2) above, a Proof described as ex-abundanti cautela. See THE LAW OF EVIDENCE 2 nd EDITION Hassan B. Jallow at Page 21. ABASI V STATE Supra at 404. Meanwhile that requisite intent described as Malice aforethought under S.187 of CC is statutorily defined under S.190 of CC and is established under the follow situations: • Where there exists intention to cause death or do grievous harm.
• Where there exists knowledge that the act or omission would cause death or grievous harm. • Where there exists the use of violent measures in the commission at or attempt at a felony. • Where there exists an intention by the act or omission to facilitate the flight or escape from custody any person who has committed or attempted to commit a felony. It follows that the resume of burden of Proof on the Prosecution are: • that the accused person caused the death of the deceased. • that the killing was unlawful. • that the accused person had the intention to cause the death of the deceased or cause her bodily harm. See AKINYEMI V STATE Supra at 469.
Page 1 and 2: IN THE HIGH COURT OF THE GAMBIA HOL
Page 3 and 4: her when she called again in the ho
Page 5: Amie Bah by hitting her on the neck
Page 9 and 10: S. 31(1) of the Evidence Act 1994 d
Page 11 and 12: In Exhibit ‘Q’ the accused said
Page 13 and 14: deceased with his wrist silver bang
Page 15 and 16: not true. I asked her about that an
Page 17 and 18: The statement of the Accused has be
Page 19 and 20: S.202 CC. “Any person who becomes
Page 21 and 22: Furthermore, it is contended on beh
Page 23: Sentence: Court:- 1 st Accused you

IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

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