“The defendants were armed, one with
sword and the other cutlass.”
With the foregoing pieces of evidence of PW2 which has not been
challenged nor controverted, I agree with the submission of the
prosecution that PW2 having been injured by the defendants in the
course of committing robbery, the prosecution has proved all the
elements of the offence of Causing Hurt while committing robbery
punishable under Section 289 of the Sokoto State Penal Code Law
2019 beyond reasonable doubt, and I so hold.
As to the 3rd count charge in respect of the offence of robbery, the
prosecution is required to prove the following elements:i)
that there was robbery;
ii)
that the defendant or one of the defendants was
armed with an offensive weapon; and
iii)
that the defendant participated in the robbery.
- Egbufor V. State (2019) 15 WRN 60 at 73-74.
- Onyeyemi V. State (2019) 34 WRN 78 at 90-91.
- Sakiru V. State (2019) 29 WRN 109.
- John V. State (2019) 37 WRN 143.
In Oyeyemi V. State (Supra) at p. 91 at paragraph 15, Abdullahi JCA
stated the law as follows:“The law is that it is not the requirement
of the law that all the accused persons
must be armed with dangerous weapon,
the offence is complete once an offensive
weapon is used by either of the accused
persons.”
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