LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Defence of an Accused – Duty of Court to Consider All Defences
PRINCIPLE STATEMENT
It is settled law that any defense to which an accused person is entitled on the evidence should be considered however stupid or unreasonable, for whatever it is worth; the evidence necessarily includes evidence on the record for both prosecution and defense.
RATIO DECIDENDI (SOURCE)
"It is settled law that any defence to which an accused person is on the evidence entitled to should be considered however stupid or unreasonable for whatever it is worth... The evidence necessarily includes the evidence on the record for both the prosecution and the accused or defence."
EXPLANATION / SCOPE
Courts must consider every defense supported by any evidence in the record, regardless of how implausible, unreasonable, or poorly presented. The defense need not be explicitly raised if evidence (prosecution or defense) supports it. This reflects the presumption of innocence and prosecution’s burden to prove guilt beyond reasonable doubt. If evidence (even prosecution evidence) raises a possible defense, courts must address it. The phrase “however stupid or unreasonable” emphasizes that judges cannot dismiss defenses based on subjective assessments of merit—if evidence supports the defense, it must be evaluated. “For whatever it is worth” means courts assess the defense’s strength but cannot ignore it. This ensures accused persons receive full consideration of all legitimate defenses arising from the evidence