LEGAL PRINCIPLE: CRIMINAL LAW – Burden of Proof – Trial Court Must Consider All Defences Open to the Accused
PRINCIPLE STATEMENT
In all murder cases, it is incumbent on trial courts to consider all defences put up by the accused, expressed or implied in the evidence, including self-defence, provocation, insanity, and alibi; however trivial, the defence must be examined.
RATIO DECIDENDI (SOURCE)
"In all murder cases it is incumbent on trial court to consider all defences put up by the accused expressed or implied in the evidence before the court including self-defence, provocation and even insanity and alibi. However trivial, the defence must be looked into…"
EXPLANATION / SCOPE
Trial courts must consider all defences, whether explicitly raised by the accused or implied in the evidence. Even if a defence seems trivial or unlikely to succeed, courts must evaluate it—ignoring potentially available defences denies fair trial. This duty exists because murder carries severe penalties and the law recognizes various defences (self-defence, provocation reducing murder to manslaughter, insanity, alibi). Courts must examine evidence to identify implied defences—facts suggesting self-defence even if not formally pleaded. After considering each defence, courts may reject those unsupported by evidence. This principle ensures thorough analysis of all potential bases for acquittal or conviction of lesser offenses, protecting accused persons’ rights.