KCC 279/2001

This case involved an individual accused of injuring a person. The court had been wrong to ignore the defence they needed self defence.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of causing injury to a person had erred in the application of law and had insufficient evidence of causation. He said that he was in a self-defence situation at the time of incident but the court dismissed this defence

Decision

The court of cassation said that this argument ws valid. The court said that the documents of the case revealed that the appellant had maintained before the court that he was in a self-defence situation at the time of the incident. The court said that the court dismissed this defence though it was a substantial one that might have changed the ruling outcome. The court said that the court therefore established its ruling on an invalid basis.

The court repealed the ruling.