LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Self-Defence Not Available Where Deceased Was Not the Aggressor
PRINCIPLE STATEMENT
The defence of self-defence is not available where the deceased was not the aggressor and the accused was the one who initiated the violence.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, inĀ Ukut v. StateĀ (1995) NLC-461992(SC) at pp. 13-14; Paras B--A.
"The position then, as made clear in the evidence is that the crowd reacted violently to the boys scouts only after the appellant had stabbed the deceased. In other words, there had not been a situation in which the appellant was being beaten which necessitated the use by the appellant of the pen-knife in self defence."
EXPLANATION / SCOPE
Self-defence requires that the accused was the victim of an unprovoked attack. The accused cannot claim self-defence if he was the aggressor. The principle applies to all criminal cases. The burden is on the accused to raise the defence. The court must consider whether the force used was reasonable. The rule prevents accused persons from using self-defence as a shield for aggression. The prosecution must prove that the accused was not acting in self-defence. The court will examine the sequence of events. The principle is based on the common law.