kingbang:

1.If you happen to kill someone with punches during a fight, it can be called "manslaughter".
2.Whether he hit him on the chest changes nothing as long as the prosecutors can prove that grave harm was done intentionally which could have led to death.
3.Am neither the jury nor the judge here but from that video, the prosecutors can easily make that charge stick.

Thank you

Now know this sir;

If I walk into a room with the intention of killing you and punch you in the head till you drop dead, I will be charged with premeditated murder not manslaughter.. #ASK ANY LAWYER!

Reason being that I already had intent to kill and proceeded to act on that intent..

If we are fighting and in the middle of the fight we push down a desk and in the process of our fight, i pick up a stick, smash you across your head and you die.. Its manslaughter... Not murder. Reason: Because I couldnt have planned to kill you in the middle of a fight..

LAW 101...


Go find out the difference between Manslaughter and Murder. The difference is simply 'Intent'.

kingbang: I think most folks are getting this premeditation thing wrong. Premeditation can happen in seconds, you don't have to sit down and take hours to think it through. As long as it is done voluntarily and intentionally, it sticks. You can decide to kill someone in seconds. Hope this clears it up! Am out!!!

You just failed it!!

Premeditation is not a matter of seconds.. Can one meditate in a second?!

You are mixing up everything you know and forming one big salad of ideas..

Planning = Premeditation

One sec decision = Spur of the moment.


An enraged man cannot have clear and rational thought.. He just goes with the flow of his rage.. #FACT!


Ever wondered why the jury found it hard to find Zimmerman guilty?!

Mr Aboki:


Now know this sir;

If I walk into a room with the intention of killing you and punch you in the head till you drop dead, I will be charged with premeditated murder not manslaughter.. #ASK ANY LAWYER!

Reason being that I already had intent to kill and proceeded to act on that intent..

If we are fighting and in the middle of the fight we push down a desk and in the process of our fight, i pick up a stick, smash you across your head and you die.. Its manslaughter... Not murder. Reason: Because I couldnt have planned to kill you in the middle of a fight..

LAW 101...


Go find out the difference between Manslaughter and Murder. The difference is simply 'Intent'.

Mr Aboki:

You just failed it!!

Premeditation is not a matter of seconds.. Can one meditate in a second?!

You are mixing up everything you know and forming one big salad of ideas..

Planning = Premeditation

One sec decision = Spur of the moment.


An enraged man cannot have clear and rational thought.. He just goes with the flow of his rage.. #FACT!


Ever wondered why the jury found it hard to find Zimmerman guilty?!

Mr Aboki:

You just failed it!!

Premeditation is not a matter of seconds.. Can one meditate in a second?!

You are mixing up everything you know and forming one big salad of ideas..

Planning = Premeditation

One sec decision = Spur of the moment.


An enraged man cannot have clear and rational thought.. He just goes with the flow of his rage.. #FACT!


Ever wondered why the jury found it hard to find Zimmerman guilty?!

Mr Aboki:


Rage automatically nullifies premeditation..

theoctopus: There is nothing like legislative immunity for Nigerian legislators. The only protection for legislators is protection from libel for things they say in their discussions within the chamber. Only Nigerian presidents and governors have immunity. Most of you ACN supporters here on NL are not only childish, but you are very stup1d too. And there is no way a court will throw a case out in the first day of sitting. The first day will actually be spent soliciting for things like bail for the defendant.

All of you ACN kids on NL make PDP look so good. Your attitude, tribalism and hypocrisy will actually help to deliver 2015 to PDP. If this is what ACN has sent you guys out to do, then they are very stup1d too.

Mr Aboki: [b]Reasobns why a case for attempted murder cannot stick;

1. For murder to be the case, two components must be present;

- The Mens Rea: In criminal law, it is viewed as one of the necessary elements of some crimes. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act is not culpable unless the mind is guilty".

- The Actus Rea: Sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions

Now we can say we have the latter, but proving the former would be extremely tough. All you keep shouting is 'The video'. Well.. How can you prove beyond reasonable doubt that 'Chidi lloyd conspired to kill Ihunwo with a mace'?!

Remember:

The mace was a weapon of chance. Chidi came into that hall empty handed and only grabbed that mace because it was the nearest weapon he could find. If it were not there, he would either have attacked them with his fist or with a computer or a camera stand or any other weapon of chance he could spot. This in itself removes the 'Mens Rea' which is necessary for murder to occur.. Even if Ihunwo had died from the Mace blows, the highest Chidi can be charged with would have been 'Manslaughter'.

This is the law not 'emotions'.. [/b]

I no know book:


My dear lawyer, where is it stated in the criminal law that one must possess guilty mind several hours before the actual commission of the crime? Don't you think that Chidi Llyod could have developed guilty mind right there in the house. He may have concluded on seeing the victim at the house to do away with him so that he won't constitute further problems to his faction, even though he never thought of killing anybody prior to going to the house. Had it been there was no video, I would have agreed with you that it would be hard to scienter. But unfortunately for Chidi, the whole incident was recorded on the video. The video will make it relatively easy for the prosecution to prove attempted murder. Now ask yourself this question, if he did not intend to kill the victim, why did he use a weapon as big and as dangerous as the mace while others were just beating him with their bare hands? Had he never intended killing him, he would not have gone to take the mace, and not just that, he would not have subjected the victim to several blows after seeing that he had refused to die. The video will show that Chidi, on sighting the victim, decided there and then to eliminate him. To achieve this evil intent, he took a heavy instrument that he knew would enable him to achieve his purpose, to wit, the mace, and and landed several blows on the victim. The need for several blows was necessitated by the fact that the victim refused to die after the first blow. The video is also going to show, those suspects that never intended to kill the victim, to wit, those that were beating him with their bare hands.

With the video, the attempted murder charge is for the police to lose. Proving scienter has never been so easy. It's not every day you see the actual commission of a crime so vividly recorded. Chidi Lylod's intent to kill will be staring at the judge korokoro via the video.

dovet: A lot has been said about this matter and most of it from sentimental points of view. A careful look at the video of Chidi Lloyd will CLEARLY tell that he initially was running away. No one has bothered to ask why Chidi Llyod was RUNNING AWAY FROM MR CHINDA- the person he supposedly conspired to murder. Everyone condemns Mr Lloyd for what he has done but some of us would REACT more brutally if provoked REPEATEDLY. Was Mr Chinda sitting down and minding his business when he was attacked? You don't turn your back on an enemy, you only turn your back in an attempt to flee and avoid attack. but we are a people of sentiment, we judge by how we feel.Can someone please find out from Mr chinda why he was chasing Mr Llyod? the police have carefully left him out of this matter because THEY KNOW WHAT THEY ARE DOING.

Okija_juju: The gods are wise..


Brother Chris! Your guy stand fit! No shaking! Na street lawyer I be o! Two fighting na ehn I sabi judge..

theoctopus:

Chidi Llyod has provided the most damning proof of intent: revenge. When he keeps shouting he was attacked first, that is proof of revenge.

When 3 men hold down a man on the table and one man raises up a mace to the sky to bring it down on a defenseless person, that is proof of intent right there and that is also a blatant proof of conspiracy. All these aspiring lawyers on NL self. lol. Google and Wikipedia lawyers.

theoctopus:

Chidi Llyod has provided the most damning proof of intent: revenge. When he keeps shouting he was attacked first, that is proof of revenge.

When 3 men hold down a man on the table and one man raises up a mace to the sky to bring it down on a defenseless person, that is proof of intent right there and that is also a blatant proof of conspiracy. All these aspiring lawyers on NL self. lol. Google and Wikipedia lawyers.

Mr Aboki:

Bros I be street Lawyer o!!

Learnt from my aunties, my mum, John Grisham, and now my mother in-la and my wife are both lawyers..

I am an engineer.. But my alter ego is a 'wanna-be lawyer'..

Mr Aboki:


A girl got slapped at a party. Shes angry! She plans to revenge. Her revenge is to slap her assailant in a crowded mall, which she does and for which the girl dies from the slap..

What charges would you bring against her?!

dovet: A lot has been said about this matter and most of it from sentimental points of view. A careful look at the video of Chidi Lloyd will CLEARLY tell that he initially was running away. No one has bothered to ask why Chidi Llyod was RUNNING AWAY FROM MR CHINDA- the person he supposedly conspired to murder. Everyone condemns Mr Lloyd for what he has done but some of us would REACT more brutally if provoked REPEATEDLY. Was Mr Chinda sitting down and minding his business when he was attacked? You don't turn your back on an enemy, you only turn your back in an attempt to flee and avoid attack. but we are a people of sentiment, we judge by how we feel.Can someone please find out from Mr chinda why he was chasing Mr Llyod? the police have carefully left him out of this matter because THEY KNOW WHAT THEY ARE DOING. By the way how many innocent Nigerians die at the hands of the police without the least form of provocation?

Ayee Idris:
I don tire to dey read all these wanna-be lawyers(your words dear) saying matters that they really don't know much about. Ever heard of the "Egg Shell princple" Applicable here and in many countries. Meaning if you slap someone and the person has some special peculiar condition that causes them to die from the slap, it is still murder. And Men reas is not only just intent to kill. If you have intent to cause grevious bodily harm and the person dies from that, that's still murder. The locus classicus case that I can't recall right now (it don reach 10 years since I learn am for criminal law). The guy was fighting with his brother and hit him once with the blunt end of his cutlass. The brother died immediately. Obviously he didn't intend to kill him, since he used the blunt end, but he intended to injure him and it was still murder. Manslaughter is more accidental, like vehicular manslaughter, provocation or causes where murder can't be proved.

In the words of Damien Sandow, you are welcome.

kolado: On a lighter note, i read your post with sick feeling of suspense from the outset;especially the first gambit of your post though you were making sense not until you got to the middle and the end, you're just kind of missing it out. Let me test your Legal knowledge:Assuming Mr. A is an hunter who goes on a hunting expedition whenever he desires to do so. One night he went to hunt for antelopes and on his way home he saw a big bird on top of a tree quite some distance from where he was and shot at it thinking it was a bird. As hard luck would have it on him, it was a human being which he only got to know after he killed the supposed bird from the groanings. What offence would you charge him with?

Mr Aboki:


Negligent homicide/Negligent Manslaughter..

I guess

jodeci: he Ebute Meta Magistrate’s Court has sentenced a self-confessed drug-addict, Ibrahim Yahaya, to three years imprisonment for attempted murder.

The convict, who was arraigned on two counts of unruly conduct and attempted murder, was said to have caused body injury to one Suraju Yakubu, by beating and stabbing him with a broken bottle.

The offence was said to have been committed at Okobaba area of Ebute Meta on July 26, 2013 around 11.45pm.

The victim was however rushed to the hospital, just as the police arrested the suspect shortly after.

The charge read, “That you, Ibrahim Yahaya, on July 26, 2013, at about 23.45 hours, at 28 Okobaba Street, Ebute-Metta, in the Lagos Magisterial District, did conduct yourself in a manner likely to cause breach of the peace, by causing fear to the public and thereby committed an offence punishable under section 56 (1) (1) (a) of the Criminal Laws of Lagos State, Nigeria, 2011.

“That you Ibrahim Yahaya, on the same date, place, and time at the aforesaid magisterial district, did beat and stab one Suraju Yakubu with a broken bottle, and thereby committed an offence punishable under Section 171 of the Criminal Laws of Lagos state of Nigeria, 2011.”

The convict pleaded guilty to the charges and urged the court to forgive him.

In her ruling, the magistrate, Miss S. O. Solebo, convicted the accused of the two charges, and thereafter sentenced him to three years imprisonment without the option of fine.

http://www.punchng.com/metro/man-jailed-three-years-for-attempted-murder/

wirinet:

Please can explain how the case you quoted above relate to the Chidi Lloyd case? First the guy pleaded guilty to all charges read against him, meaning he did not even present a defense, probably because he could not afford a SAN and was given a charge and bail lawyer. Then we do not have any details of the case. What caused the fight, how did he come about the weapon, what is the motive of the attempted murder, etc. In chidi Llyod case evidence will be presented as to the cause of the fight, how the weapon was gotten. And most importantly Chidi will have very experienced lawyers in his team, so no chance of him pleading guilty to any charge the police comes up with.