Ratio Decidendi

Per Rhodes-Vivour, JSC, in Joseph v. State (2011) NLC-123-48-2010(SC) at pp. 9; Paras B–C:

"A trial court must consider the evidence adduced by the prosecution, and the accused person, evaluate all evidence, before it can say the case was proved beyond reasonable doubt. Failure to consider the accused persons case is a denial of justice and fatal to the prosecution's case."

Explanation / Scope

This principle establishes that a trial court must consider the evidence of both the prosecution and the accused before concluding that the case is proved beyond reasonable doubt. Failure to consider the accused’s case is a denial of justice and fatal to the prosecution’s case. The principle applies in all criminal trials. It ensures that the accused’s case is considered. The principle reflects the duty of the court to evaluate all evidence. It prevents convictions without considering the defence. The court must consider the accused’s case. The principle provides guidance on fair trial.

Cases Applying This Principle