ABSTRACT

Murder is the intentional killing of another person. For it to be considered as murder punishable under the Cameroon penal code, it must have been done out of free will and intentionally. Murder is punishable by law under section 275 and 276 of the cpc.in Cameroon, in as much as justice is being served, it still faces the problem of establishing criminal responsibilities such as insufficient investigating resources, difficulties in evidence collection, the burden of proof, inadequate legal representatives. This can hinder the thorough investigation and determination of guilt and innocence. The main objective at this point is to examine the offence of murder under the Cameroon penal code. The methodology to be applied in this research finding is the qualitative and quantitative research method who both play a vital role in the depth interpretation of fact and interpretation based on the subject matter respectively. The method of data analysis adopted is legal reasoning by analogy. Deductive reasoning and violated deductive reasoning. The methodology is chosen because the study is aimed at analysing the legal assessment of murder under the Cameroon penal code. Content analysis will be used in this research because it is the most suitable method to answer the questions which requires the analysis of the law. The work states that in other to suppress the offence of murder, the state has put in place several statutes that helps and put necessary punishments for the crime which will deter people from doing more of the act. A major recommendation is that for this to be done, the forces of law and government should continue with enforcement of the laws put in place as per the Cameroon penal code states.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

To begin with, under the Cameroon penal code murder is considered a serious criminal offense as per section 275. Mother can thus be defined as the intentional killing of a human being. The act of killing must be intentional meaning that the perpetrator intended to cause the death of another person.

[1]As per William Ngafor, the court said “in our opinion for either section 275 or 276 to apply, it is necessary for the prosecutor to prove that the act of killing amount to murder. When that is done and only then will the accused be liable to life imprisonment under section 275 or by death under section 276 of the CPC”. However, the murder must have been done intentionally or facilitated the commission of another crime.

Intentional murder: this refers to cases where the individual intentionally and unlawfully causes the death of another person. The perpetrator must have had the specific intention to kill and the act must have been committed without any legal justification or excuse as in in the renowned case of the people v. Nchindia Isaac (2004) that shoes went to an off-license bar where he got drunk and got involved in a brawl. He was thrown out in the yard where he lay down for several hours before some people took him to a nearby hospital to be treated for some minor injuries. In the hospital the accused refused to get treated and started making a lot of noise. Attempt by the nurses and others including the deceased to get him quiet to no avail. He threatened to do to “someone” what he had intended to do to a named person in that bar. He assaulted the deceased who then decided to leave best scene and go home but not far from the hospital they accused follow the deceased and stop the deceased at least eight times with a knife which had with him all along with the wounds as deep as 18 cm. The deceased was found after a few hours in a pool of blood and was taken to the hospital by some people. But died there while the accused had gone home and got cleaned up, and make himself a good meal and was eating when the police investigators eventually found him which he face down refused the act.

1.2 STATEMENT OF THE PROBLEM

In Cameroon, in as much as justice is being served, it still faces the problem of establishing criminal responsibilities such as insufficient investigative resources, difficulties in evidence collection, the burden of proof, inadequate legal representatives. This can hinder the thorough investigation and determination of guilt or innocence.

1.3 RESEARCH QUESTIONS

It is divided into two that is main and specific research questions

1.3.1 MAIN RESEARCH QUESTION

What is the offense of murder as per the Cameroon penal code?

1.3.2 SPECIFIC RESEARCH QUESTIONS

• -What are the ingredients of the offence of murder?
• -what is the punishment for murder?
• What are the defences to the offence of murder?

1.4 RESEARCH OBJECTIVES

It is divided into two men and specific research objectives.

1.4.1 MAIN RESEARCH OBJECTIVES

To examine the offense of murder as per the chemical penal code.

1.4.2. SPECIFIC RESEARCH OBJECTIVES

• To analyze the ingredients of the offence of murder
• To examine the punishment for murder
• To evaluate the defences to the offence of murder

[1] As per William NGAFOR, section 275 and 276 of the CPC