Oops! I Didn’t Mean for That to Happen: The Defence of Accident
Have you ever done something but didn’t think a particular consequence would occur? If so, the defence of Accident may be available to you. The basic idea behind the defence of accident is that someone should not be punished for something that happened by mistake, if the outcome was unintended and/or could not have reasonably have been predicted. This article provides an overview on the law of Accident.
What is the defence of Accident?
In Trinidad and Tobago, the defence of accident is not set out in any specific legislation, but it has been developed over time through Common Law, the system of legal principles we share with other Commonwealth countries. This article is based on that type of law.
The defence of accident applies when a person’s actions cause harm or damage, but the result was not intended and could not reasonably have been predicted. In simple terms, it means a person should not be found guilty of a crime if what happened was a genuine accident.
In criminal law, this idea is connected to the concept of mens rea, which means having a “guilty mind.” To be criminally responsible, a person must have intended to do something wrong or known that their actions could cause harm. When an act is truly accidental, when the outcome is unexpected or could not have been foreseen, the element of intent is missing. That is why the law recognises accident as a valid defence.
For example, imagine someone shooting an arrow at a target but missing and hitting a bystander instead. In that situation, the injury was an accident as the person did not mean to cause harm. However, they could still be guilty of a crime if their actions were reckless or careless. The defence of accident is basically an alternative explanation to the prosecution’s version of what happened. It argues that the harm was unintentional, unforeseeable, and not a deliberate act.
When can the Defence of Accident be used?
The defence of Accident is typically available in matters which require a specific intent, for example, intending to cause harm or damage. It is not available if the person acted in a reckless or careless way. That is, if a reasonable person could have foreseen the consequences, even if the accused person did not, they may still be held criminally responsible.
How do you prove the Defence of Accident?
The accused has to establish the defence of Accident if it does not arise out of the State’s evidence against him. However, it is important to remember that the burden of proof always lies with the prosecution and not the accused. In other words, it is not up to the accused to prove that something was an accident. The prosecution must prove, beyond a reasonable doubt, that the act was done voluntarily and intentionally.
If the defence raises the possibility that what happened was an accident, then the prosecution must go further and prove, again beyond reasonable doubt, that the accused’s actions were not accidental. As stated before, the defence of accident is most often used in cases where the law requires proof of intention. For instance, if someone is charged with criminal damage, the prosecution must prove all of the elements beyond reasonable doubt, namely:
- That the accused intentionally caused the damage;
- That it was done without a lawful excuse; and
- That the damage was to property belonging to another person, or jointly owned.
Consequences of raising the Defence of Accident
If upon a trial, the fact finder is satisfied with an accused’s explanation or upon their review of evidence, are left in reasonable doubt whether the actions of the accused were not foreseeable or not intended then the individual raising the defence of Accident, is entitled to an acquittal.
The Defence of Accident in relation to the offence of Murder
Returning to the earlier example, if Hunter A is in the forest and fires a shot in the direction of noises, thinking it to be a deer but it turns out to be Hunter B and Hunter B dies as a result of that shot. The defence of Accident can be utilized by the accused in such a situation since the death of the victim was unintended and unforeseeable. Whilst the defence of Accident will be available to him for the offence of murder, this does not prevent the State from trying him for the offence of manslaughter which requires proof of recklessness or negligence.
Conclusion
The concept of Accident is therefore based on the principle that a person should not be held criminally responsible for unintended and unforeseeable consequences of their actions. It ultimately operates to negate the mens rea element of an offence. In essence, the defence of Accident is a cornerstone principle that protects individuals from being penalised for truly blameless misfortunes.
Submitted by:
Analisa Ramsaran
Public Defender Entry
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: laaa.org.tt