Ok I was in court last week and I witnessed a murder case. As the defendant narrated, She has been in an abusive relationship for 4 Years with the deceased. They lived together untill a certain time in 2016 when she told him its over as she was tired of the way he treated her. He then met her while she was packing her things with cutlass and screw diver that he would kill her, as he was beating and kicking her he was saying "you will not be alive to marry another man " . She then grabbed a knife from the table to scare him away and mistakenly stabbed him on the chest.
My question is, do u think she can successfully plead the defence of "self defence " and be acquitted? If u were her counsel, how would u go about it?

princessayesha:
Ok I was in court last week and I witnessed a murder case. As the defendant narrated, She has been in an abusive relationship for 4 Years with the deceased. They lived together untill a certain time in 2016 when she told him its over as she was tired of the way he treated her. He then met her while she was packing her things with cutlass and screw diver that he would kill her, as he was beating and kicking her he was saying "you will not be alive to marry another man " . She then grabbed a knife from the table to scare him away and mistakenly stabbed him on the chest.
My question is, do u think she can successfully plead the defence of "self defence " and be acquitted? If u were her counsel, how would u go about it?

I have seen an abusing boyfriend I had to fight him myself.
if u see an abusive boyfriend u will ask her why one stab

She'll get manslaughter

The case is quite complicated as there are many imponderables.

From the facts, the offence of murder can't be established because the elements, it seems, aren't complete. The prosecution is safe in charging with it though, given that the court may easily convict of mansalughter if the former isn't established but the latter is.

There seems to be a fine line between her being found guilty of manslaughter and being acquitted on grounds of self defence and, or defence of accident.

So it depends on the available facts and her defence team.
If she stabbed him like twice or more, she may be guilty of manslaughter . The place she stabbed him too is material. These will prove whether or not the stabbing was actually accidental.

If it was and there is no negligence, then the defence of accident will avail her as the death is one by misadventure.(See S.24CC; Iromantu v. State).

Again, the court may be swayed by the husband's death threats coupled with his possession of weapons-- this means he can actually effect the threats. So a reasonable person may believe she is in immediate danger of death, in whic case, SELF DEFENCE may avail her.

My opinion.

ProsperOkec:


I have seen an abusing boyfriend I had to fight him myself.
if u see an abusive boyfriend u will ask her why one stab

Lawstudent:
The case is quite complicated as there are many imponderables.

From the facts, the offence of murder can't be established because the elements, it seems, aren't complete. The prosecution is safe in charging with it though, given that the court may easily convict of mansalughter if the former isn't established but the latter is.

There seems to be a fine line between her being found guilty of manslaughter and being acquitted on grounds of self defence and, or defence of accident.

So it depends on the available facts and her defence team.
If she stabbed him like twice or more, she may be guilty of manslaughter . The place she stabbed him too is material. These will prove whether or not the stabbing was actually accidental.

If it was and there is no negligence, then the defence of accident will avail her as the death is one by misadventure.(See S.24CC; Iromantu v. State).

Again, the court may be swayed by the husband's death threats coupled with his possession of weapons-- this means he can actually effect the threats. So a reasonable person may believe she is in immediate danger of death, in whic case, SELF DEFENCE may avail her.

My opinion.

Good one. Thank you

BeardedKarma:
She'll get manslaughter

Will the court not consider that he would've killed her if she did'nt?

princessayesha:

Will the court not consider that he would've killed her if she did'nt?

Yes, the court could consider that, and then her actions would be wholly justified. But then it depends on the situation and the evidence available that shows that she was in serious danger and only such an action from her could avert the imminent danger of death or serious bodily harm. But everything will depend upon the particular facts and circumstances. ...It may in some cases be only sensible and clearly possible to take some simple avoiding action. Some attacks may be serious and dangerous. Others may not be. If there is some relatively minor attack it would not be common sense to permit some action of retaliation which was wholly out of proportion to the necessities of the situation.
Bottom line, her lawyers would have to provide evidence that she could only avert the attack on her with an equally proportionate amount of force.
If it was so easy to get out with self defence, then every murderer would claim they acted in self defence.

If her lawyers show evidence, she would walk away free of the charges.

BeardedKarma:


Yes, the court could consider that, and then her actions would be wholly justified. But then it depends on the situation and the evidence available that shows that she was in serious danger and only such an action from her could avert the imminent danger of death or serious bodily harm. But everything will depend upon the particular facts and circumstances. ...It may in some cases be only sensible and clearly possible to take some simple avoiding action. Some attacks may be serious and dangerous. Others may not be. If there is some relatively minor attack it would not be common sense to permit some action of retaliation which was wholly out of proportion to the necessities of the situation.
Bottom line, her lawyers would have to provide evidence that she could only avert the attack on her with an equally proportionate amount of force.
If it was so easy to get out with self defence, then every murderer would claim they acted in self defence.

If her lawyers show evidence, she would walk away free of the charges.

Nice one there