ACCIDENT (S.

80)

4.1 Definition

Per Gibbs J in Kaporonovski (1973) CLR 209 at 231 it must be regarded as

settled that an event occurs by accident within the meaning of the rule if it was
consequence which was not in fact intended or foreseen by the accused and
would not reasonably have been foreseen by an ordinary person.
S. 80 of Penal Code deals with acts which would be criminal is done
intentionally, but protected because it happened accidently
Accident must be genuine accident & not due to negligence or carelessness of
the accused
It is available defence in all cases in which particular intent or state of mind is of
the essence of the offence
To qualify an act as accidental under s. 80, it must be :
a) A lawful act
b) Done in willful manner
c) By lawful means

DEFENCE OF ACCIDNET IS AVAILABLE DEFENCE OF ACCIDENT IS NOT AVAILABLE

KING EMPEROR TIMMARA (1901) TIMBU KOLIAN (1968)

 The accused and a companion went into a The accused, after argument with his wife,
jungle hunting porcupines. They agreed left their house and sat down in short
to take up certain positions in the jungle distance away in darkness. His wife followed
and lie in after a while, accused heard a and continued to berate him. In order to
rustle, and believing it was a porcupine chastise her, he picked up a stick and threw
fired in that direction. The shot however it in the direction of her voice. Unknown to
reached his companion and caused his him, his wife was holding their baby in her
death.The accused was shooting with arms. The stick struck the baby causing his
unlicensed gun. death.

Held: it was pure accident and the fact

Held: defence of accident not available.
that the gun unlicensed did not affect his
defence

JAGESHAR V. EMPEROR (1923)

A man struck at a woman, missed her and

hit the baby she was carrying and the baby
died.

Held: could not plead the defence of

accident coz he was doing an unlawful act.

4.2 Distinctions between misfortune and accident

Accidents can happen by mistake but misfortune is bad luck that makes sure it
will happen in future
4.3 Shooting accident

4.4 Accident as a defence in sporting event

Other example of lawful acts under s. 80 include games which are attended with
apparent danger to life and players are actuated by any malicious motive or
intention.
So, where a person is accidentally killed. The act causing the death is not criminal.
However, the rules of the game per se will not render lawful that which in itself
unlawful.
Prize-fighting is example of an illegal sports as was held in the case of R v Coney
(1950) ALL 95.

A person may not be guilty if he broke the rules.

R V TUNDA (1882)
The accused and a friend were having a friendly wrestling bout. Whilst
wrestling, the deceased was thrown and his head knocked the edge of the
spring resulting fracture of skull which caused the death.

Held: appellant and defendant agreed to wrestle and there was implied
consent to suffer accidental injuries. As it was accidental and no wrestle
and there was implied consent to suffer accidental (no proof of foul play
by accused), there was no offence by reason of s. 80 and 87.
4.5 Proper care and caution

The act must be lawful as well as accompanied with proper care & caution.
R V. ARCHER (1858)

During a struggle for a loaded gun, to the possession of which the accused
was entitled, it went off.
Held by Lord Campbell CJ: accused was guilty on the ground that the
accused had no right to take the gun by force.
The law does not require utmost care and caution, but only reasonable
precaution

KONG POH ING v PUBLIC PROSECUTOR [1977]

In her statement, she admitted to a desire to commit suicide, in the

presence of the deceased. She wished to reproach him by this
demonstration for his betrayal in now refusing to marry her. For this
purpose she waited for him. She had bought with her a knife for the
purpose she had in mind. When he came, she showed him the knife. Then
according to her, he hugged her and told her not to die. There was an
obvious attempt to wrench the knife away from her. They fell. He was
stabbed. She ran away
Held: allowing the appeal, on the ground of accident under s 80 of Penal
Code.

RATNAM V. R [1937]
 The accused had stabbed his over-seer. He was charged with murder.
During the trial, in answer to a question put by the judge, the appellant
stated that he did not intentionally stab the deceased. His evidence was
that the death was purely accidental, that he turned round with such force
that the knife accidentally hit the deceased and that he had no intention of
stabbing the deceased.
Held: acquitted because of accident

SECTION 105 EVIDENCE ACT 1950

When the accused put forward a substantive defence of accident under s. 80,
it is incumbent upon him to prove it. By virtue of s. 105 of the Evidence act,
the burden of proving the existence of circumstances bringing the case within
a general exception was on the accused. The burden was discharged on a
balance of probabilities.
His defence must be adequately put in.