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CaseLaw

Amusa V. State (2003) CLR 1(c) (SC)

Judgement delivered on January 21st 2003

Brief

  • Concurrent finding of fact
  • Causing death by dangerous driving
  • Medical Officer of State
  • Federal Highway

Facts

This is an appeal against the judgment of the Sagamu High Court, Ogun State (per F.O. Odubiyi J.) dated 28th May, 1990. The Appellant who was arraigned on an information dated 5th March, 1990, was charged with offences of:

  • 1
    Causing death by dangerous driving on a Federal Highway contrary to and punishable under Section 4 of the Federal Highways Decree No.4 of 1971; and
  • 2
    Dangerous driving on a Federal Highways contrary to and punishable under Section 5(1) of the Federal Highway Decree No.4 of 1971.

Six witnesses in all were called- five for the prosecution, and one for the defence.

In its Judgment delivered on the 28th day of May, 1990, the learned trial Judge found the Appellant guilty and proceeded to sentence him to three years imprisonment on the first count and six months imprisonment on the second count.

His appeal to the Court of Appeal was dismissed. Hence his further appeal to this Court against his conviction and sentence.

Issues

  • i
    Whether from the totality of the evidence adduced at the trial, the...
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