Applying the Case Analysis Worksheet Tool – Guidance Introduction



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Applying the Case Analysis Worksheet Tool – Guidance

Introduction

The Case Analysis Worksheet (CAW) is a tool that has been developed to provide prosecutors with an analytical framework for making evidence and integrity based prosecutorial decisions. The following table includes the questions which the CAW requires prosecutors to apply to a case, along with an explanation of how to apply the question with reference to a case-study of a criminal case contained at Annex A: State v Pastor Emeka



No.

CAW Questions

How to apply each question with reference to Case Study – State v Pastor Emeka (Annex A)

1

Case name

State v Pastor Emeka

2

What is the offending or wrongdoing in this case? Consider a précis or summarizing as you would to a layperson:

Pastor Emeka (accused) in anger deliberately used his car as a weapon to run over and kill Ayodele (deceased) because the accused believed Ayodele was in a gay relationship with his son

3

Consider preliminary issues such as: (a) time limits on proceedings (b) prerequisite consents (c) jurisdiction/venue

According to Section 314 of the Criminal Code: death must occur within a year and a day of the unlawful act that led to death.

Leave of court will be required to file the charge. Only private prosecutors would require the fiat of the Attorney General.

The court with jurisdiction would be the State High Court.


4

What is the proposed Charge(s)?

Murder- South: Contrary to Section 316 and punishable under section 319 Criminal Code

Culpable homicide – North: Contrary to section 220 and punishable under section 221 Penal Code



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