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some specific defences to criminal charges - accident

Q921. What is an accident in law? And for what reason should accident be a good defence against criminal litigation charge?

An accident is that which occurred as a result of an unwilled act. It is an event which happen due to no fault of the person. Usually, an accident would be said to be an act without the mens rea (without the mental knowledge) to do the act. Generally, for a person to be convicted of any criminal offence that mental element of willfulness must be found and established, otherwise, by the operation of Section 24 of the Criminal Code, he will not be. Of course, whether the defence of accident will serve as a wholesome and full defense to enable the accused walk out of the court a free man back to his house will depend on the nature of the offence for which he was charged. SEE OKPA V. STATE (2017) ALL FWLR (PT 894) 1466; BELLO V. ATTORNEY-GENERAL, OYO STATE (1986) 5 NWLR (PT.45) 828; ADEGBOYE V. THE STATE (2017) HELAR

Q922. What is the nature of the test used or applied in determining whether the acts are accidental or not? Is that test objective or subjective?

The nature of the test is that of an Ordinary reasonable Man on the street. The test is a fixed one, not shifting according to anybody’s whims, lower or higher standards. So, the test for judging whether an act is accidental, in law, is objective.

An event would be said to have occurred by accident, if it can be implied that it was totally unexpected by the doer of the acts and it was also not reasonably expected by any ordinary person, the reasonable man of the law. ADEGBOYE V. STATE (2017) ALL FWLR (PT 907) 1720; ADELUMOLA V. STATE (1988)1 NWLR (PT.73) 583; ADEGBOYE V. THE STATE (2017) HELAR