Select Currency
Translate this page

APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM

Format: MS WORD  |  Chapter: 1-5  |  Pages: 66  |  3602 Users found this project useful  |  Price NGN5,000

  DOWNLOAD THE FULL PROJECT

APPLICATION OF THE DOCTRINE OF “LAST SEEN” IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM

 

CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE RESEARCH

The doctrine was stated with much clarity, weight and legal force in the Moses Jua case thus:

The position as firmly settled, is that if Mr. A was last seen alive with or in company of Mr. B and the next thing that happened, was the disappearance of Mr. A, the irresistible inference is that Mr. A was or had been killed by Mr. B. The onus is on Mr. B. to offer an explanation for the purposes of showing that he was not the one who killed Mr. A.

 It would seem that the doctrine thrives in hasty conclusions in the sense that once someone disappears, no effort may be made to prove that he is dead before concluding that someone else had killed him. Nonetheless, the “last seen” doctrine is a mere presumption which, like all presumptions, is rebuttable. It means in effect however, that the law presumes that the person “last seen” with the deceased bears the full responsibility for his death if it turns out that the person last seen with him is dead.

In Nigeria, the doctrine is firmly settled, established and/or entrenched, but in other common law jurisdictions, it is applied with caution and flexibility so as to guard against a miscarriage of justice. Applying the doctrine to the law of evidence, the Indian Legal writers , maintained that:

The mere fact that the accused and the deceased were together in the field prior to the occurrence does not by itself lead to irresistible inference that the accused must have murdered the deceased…it could not be deemed to be conclusive unless it is further established that during the interval between the time when they were last seen together and the time at which the victim died, every circumstance was inconsistent with the innocence of the accused. The theory of last seen together is extremely a weak piece of evidence.

This seems to be a better view of the doctrine and its application in deserving circumstances. This is so because, presumptions are created to permit orderly civil and criminal trials. The Supreme Court of Pennsylvania  and the Supreme Court of Indiana  defined the function and legal significance of presumptions as follows: a presumption of law is not evidence nor should it be weighed by the fact finder as though it had evidentiary value. Rather, a presumption is a rule of law enabling the party in whose favour it operates to take his case to the jury without presenting evidence of the fact presumed. It serves as a challenge for proof and indicates the party from whom such proof must be forthcoming. When the opponent of the presumption has met the burden of production thus imposed, however, the office of the presumption has been performed, the presumption is of no further effect and drops from the case.

The problem here is that presumption is too vague a concept upon which to hang the fate of an accused person in capital offences such as murder. Again, it imposes on the accused person, a “reverse burden” of proof by calling on him to prove his innocence and this is inconsistent with our adversary system of criminal justice which imposes a legal burden on the prosecution to prove its case against the accused beyond reasonable doubt. The adversary system preserves the presumption of innocence embedded in our criminal jurisprudence and this is inconsistent with the presumption associated with the “last seen” doctrine which is an offshoot of circumstantial evidence.

  DOWNLOAD THE FULL PROJECT

APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM

Not The Topic You Are Looking For?



For Quick Help Chat with Us Now!

+234 813 292 6373

+233 55 397 8005


HOW TO GET THE COMPLETE PROJECT ON APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM INSTANTLY

  • Click on the Download Button above.
  • Select any option to get the complete project immediately.
  • Chat with Our Instant Help Desk on +234 813 292 6373 for further assistance.
  • All projects on our website are well researched by professionals with high level of professionalism.

Here's what our amazing customers are saying

Abraham Ogbanje
NATIONAL OPEN UNIVERSITY OF NIGERIA
At first I was afraid.. But I discovered they are legit. I will bring more patronize
Very Good
Dau Mohammed Kabiru
Kaduna State College of Education Gidan Waya
This is my first time..Your service is superb. But because I was pressed for time, I became jittery when I did not receive feedbackd. I will do more business with you and I will recommend you to my friends. Thank you.
Very Good
JONNAH EHIS
Ajayi Crowther University, Oyo
I was scared at first when I saw your website but I decided to risk my last 3k and surprisingly I got my complete project in my email box instantly. This is so nice!!!
Excellent
Musa From Ahmadu Bello University
Thank you iprojectmaster for saving my life, please keep it up and may God continue to bless you people.
Excellent
Ibrahim Muhammad Muhammad
Usmanu danfodiyo university, sokoto
It's a site that give researcher student's to gain access work,easier,affordable and understandable. I appreciate the iproject master teams for making my project work fast and available .I will surely,recommend this site to my friends.thanks a lot..!
Excellent
Temitayo Ayodele
Obafemi Awolowo University
My friend told me about iprojectmaster website, I doubted her until I saw her download her full project instantly, I tried mine too and got it instantly, right now, am telling everyone in my school about iprojectmaster.com, no one has to suffer any more writing their project. Thank you for making life easy for me and my fellow students... Keep up the good work
Very Good
Peace From Unilag
I cried not knowing how to go about my project but the day i searched online and saw iprojectmaster, i called and got my full project in less than 15minutes, i was shocked!
Excellent
Abdul Mateen Iddrisu
UDS
At first I taught is a site full of fraudsters until I saw my project in my Gmail after my payment.. THANK YOU IPROJECTMASTER and May God the almighty bless u guys abundantly
Excellent
Stancy M
Abia State University, Uturu
I did not see my project topic on your website so I decided to call your customer care number, the attention I got was epic! I got help from the beginning to the end of my project in just 3 days, they even taught me how to defend my project and I got a 'B' at the end. Thank you so much iprojectmaster, infact, I owe my graduating well today to you guys...
Excellent
Joseph M. Yohanna
Thanks a lot, am really grateful and will surely tell my friends about your website.
Excellent

FREQUENTLY ASKED QUESTIONS

How do I get this complete project on APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM?

Simply click on the Download button above and follow the procedure stated.

I have a fresh topic that is not on your website. How do I go about it?

How fast can I get this complete project on APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM?

Within 15 minutes if you want this exact project topic without adjustment

Is it a complete research project or just materials?

It is a Complete Research Project i.e Chapters 1-5, Abstract, Table of Contents, Full References, Questionnaires / Secondary Data

What if I want to change the case study for APPLICATION OF THE DOCTRINE OF LAST SEEN IN HOMICIDE TRIALS IN NIGERIA CRIMINAL JUSTICE SYSTEM, What do i do?

Chat with Our Instant Help Desk Now: +234 813 292 6373 and you will be responded to immediately

How will I get my complete project?

Your Complete Project Material will be sent to your Email Address in Ms Word document format

Can I get my Complete Project through WhatsApp?

Yes! We can send your Complete Research Project to your WhatsApp Number

What if my Project Supervisor made some changes to a topic i picked from your website?

Call Our Instant Help Desk Now: +234 813 292 6373 and you will be responded to immediately

Do you assist students with Assignment and Project Proposal?

Yes! Call Our Instant Help Desk Now: +234 813 292 6373 and you will be responded to immediately

What if i do not have any project topic idea at all?

Smiles! We've Got You Covered. Chat with us on WhatsApp Now to Get Instant Help: +234 813 292 6373

How can i trust this site?

We are well aware of fraudulent activities that have been happening on the internet. It is regrettable, but hopefully declining. However, we wish to reinstate to our esteemed clients that we are genuine and duly registered with the Corporate Affairs Commission as "PRIMEDGE TECHNOLOGY". This site runs on Secure Sockets Layer (SSL), therefore all transactions on this site are HIGHLY secure and safe!