LEGAL PRINCIPLE: CRIMINAL LAW – Private Defence – Evidence Must Be Compared
PRINCIPLE STATEMENT
In determining whether the defence of private defence can succeed, the evidence adduced by the defence must be compared with that adduced by the prosecution to see which is more cogent.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Kwaghshir v. The State (1995) NLC-351994(SC) at p. 9; Para C.
"In determining whether the defence of private defence can succeed in this case the evidence adduced by the defence has to be compared with that adduced by the prosecution to see which is more cogent."
EXPLANATION / SCOPE
The court must weigh the prosecution and defence evidence on private defence. The standard is proof beyond reasonable doubt. The prosecution must disprove the defence. The principle applies to all defences. The court will evaluate the credibility of witnesses. The rule promotes a balanced assessment. The court will consider whether the defence raises a reasonable doubt. The principle is fundamental to criminal trials.