Mr. Kofi Bekai, a private legal practitioner, has discussed what constitutes self-defence, particularly in cases involving the death of another individual.
The lawyer was given a situation in which an individual owed money by another party went to demand it, and in the process, the person who owed him money beat him with an object and, in response, took the object and hit the person in the head, resulting in death.
The lawyer explained that the court’s determination will focus on whether the individual who claimed self-defense utilized excessive force, which may have culminated in the person’s death.
In a situation where you are hit with an object, resulting in a head swelling but not death, and you don’t respond by taking the object and striking the attacker with deadly force, the court will evaluate whether your actions were excessively forceful. While the initial assault caused a noticeable injury, your retaliation may be considered disproportionate, potentially resulting in manslaughter charges and a sentence of life imprisonment or death, depending on the circumstances and intent.
Speaking on the weekend morning show on Rainbow Radio 87.5FM with host Nhyiraba Kwabena Asirifi, the lawyer said that generally self-defence only justifies using force in response to an imminent threat.
He observed that for a threat to be considered imminent, it must be inevitable and pose a genuine, immediate risk of physical harm or severe bodily injury to the intended victim.
”Under the law, self-defence is allowed in certain situations, enabling individuals to defend themselves when attacked. If attacked and armed, one may defend oneself. Nevertheless, if the defensive force used is excessively disproportionate to the attacker’s force, the law may deem it excessive and unlawful, resulting in severe consequences, including the attacker’s death.
”From a legal standpoint, if someone offends you and you decide to respond despite no legal requirement to do so, it is essential to refrain from surpassing the original offence, as this may result in charges being brought against both parties. Even if the offender recovers, the court will still consider the excessive force employed in your response.”
When solicited for an opinion on the recent Kasoa incident involving the two lovers who stabbed each other, leading to one death, the lawyer observed that the same factors apply.
A tragic incident occurred at Kasoa Adam Nana in the Awutu Senya East Municipality of the Central Region, where a 27-year-old man, Justice, was hospitalised and his girlfriend was confirmed dead after they engaged in a stabbing.
The deceased, believed to be a level 200 student, allegedly stabbed his boyfriend first, and he also retaliated.
The incident reportedly occurred after the lady’s friend called to inform her that Justice had brought another woman home.
She is said to have grabbed a knife and hurriedly went to Justice’s house on a motorcycle and stabbed him immediately he opened the door.
The victim is said to have also grabbed the knife and stabbed her multiple times in the chest, leading to her death.
In his response to this situation, Mr. Bekai pointed out that the same legal principles apply. The young woman’s behaviour—grabbing a knife and confronting her fiancee at his home—could be construed as attempted murder. She allegedly inflicted a severe neck wound on the young man, which nearly proved fatal, and in the heat of the moment, he retaliated by stabbing her. The question remains: why did he stab her three times, suggesting possible premeditation, when once would have sufficed for self-defence?
”In this scenario, both parties may face conviction, with the female potentially receiving a lesser sentence, while you may face capital punishment due to the three stab wounds inflicted, which constitutes premeditated murder, as per legal stipulations. The degree of force employed by both individuals will be scrutinised to reach a definitive conclusion.”
The counsel advised the Ghanaian public to report to the Police instead of taking on the role of law enforcement.
”Anger may arise, but the Bible advises patience and restraint in times of affliction. In a court of law, a self-defense claim will be scrutinized, and the circumstances and defense will be carefully examined to determine if the actions taken were truly in self-defense. This is particularly important in cases where excessive force may have been used, resulting in severe harm or death. As a stronger individual, the court may impose a harsher penalty, emphasizing the importance of forgiveness to avoid escalating the situation further.”
By: Rainbowradioonline.com/Ghana
