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IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

IN THE HIGH COURT OF THE GAMBIA HOLDEN AT BANJUL

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• Where there exists knowledge that the act or omission<br />

would cause death or grievous harm.<br />

• Where there exists the use of violent measures in the<br />

commission at or attempt at a felony.<br />

• Where there exists an intention by the act or omission<br />

to facilitate the flight or escape from custody any<br />

person who has committed or attempted to commit a<br />

felony.<br />

It follows that the resume of burden of Proof on the Prosecution are:<br />

• that the accused person caused the death of the<br />

deceased.<br />

• that the killing was unlawful.<br />

• that the accused person had the intention to cause the<br />

death of the deceased or cause her bodily harm.<br />

See AK<strong>IN</strong>YEMI V ST<strong>AT</strong>E Supra at 469.

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