LEGAL PRINCIPLE: CRIMINAL LAW — Stealing — Defence of Honest and Reasonable Belief — Requirement of Reasonableness
PRINCIPLE STATEMENT
Section 25 of the Criminal Code provides that an act done under an honest and reasonable but mistaken belief is not criminally responsible to any greater extent than if the real state of things had been as believed. The act must be done honestly and reasonably.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in State v. Olatunji (2003) NLC-2062001(SC) at p. 16; Paras A–C.
"Section 25 of the Criminal Code Law of Lagos State … provides: 'A person who does or omits to do an act under an honest and reasonable but mistaken belief in the existence of any state of things is not criminally responsible for the act or omission to any great extent than if the real state of things had been such as he believed to exist.' This section emphasizes that in order to afford a defence to criminal liability or responsibility the act must be done or omitted to be done honestly and reasonably in the belief of the existence of the state of things which made the act or omission possible."
EXPLANATION / SCOPE
The defence of honest and reasonable belief requires both honesty and reasonableness. The principle applies to criminal law. The belief must be objectively reasonable, not merely sincere. The rule protects against liability for genuine mistakes. The court will assess reasonableness. The principle is well-established.