LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Accident – Distinction Between Involuntary Act and Accidental Event – Voluntary Act with Unforeseen Consequences
PRINCIPLE STATEMENT
The provisions of section 24 of the Criminal Code contain two situations of quite different bases. The first arm relates to an act or omission occurring independently of the will—an involuntary act. The second arm relates to an event which occurs by accident. Accident involves a voluntary act which results in an event that was neither intended nor foreseen. An accident is some sudden or unexpected event taking place, upon the instant, without one's foresight and which produces a result not foreseeable. An event is accidental if it is neither subjectively intended nor objectively foreseeable by the ordinary man of reasonable prudence.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Amayo v. State (2001) NLC-2412000(SC) at pp. 4–5, 8; Paras D–A, B–C.
"The provisions of section 24 of the Criminal Code contain two situations of quite different bases. The first arm relates to an act or omission occurring independently of the will—an involuntary act. The second arm relates to an event which occurs by accident. Accident involves a voluntary act which results in an event that was neither intended nor foreseen. An accident is some sudden or unexpected event taking place, upon the instant, without one's foresight and which produces a result not foreseeable. An event is accidental if it is neither subjectively intended nor objectively foreseeable by the ordinary man of reasonable prudence."
EXPLANATION / SCOPE
Section 24 distinguishes between involuntary acts (no will involved) and accidental events (voluntary act with unforeseen consequences). Accident involves a voluntary act producing an event neither intended nor foreseeable. The test is both subjective (not intended) and objective (not foreseeable by a reasonable person). An accident is sudden, unexpected, without foresight. The defence applies where the consequence was not reasonably foreseeable. The accused remains responsible for the voluntary act but not the unintended consequence. The principle distinguishes accident from mistake or negligence. The burden is on the prosecution to prove the consequence was foreseeable. The court must evaluate foreseeability objectively.
CASES APPLYING THIS PRINCIPLE
None recorded.
