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Babalola John v Josiah Onyeamaizu (1958) AIR NLR 93 SECTION 102 REASONABLE APPREHENSION (PERSON) FACTS OF THE CASE

E The appellant and the deceased came into a verbal dispute severely. Then, the deceased suddenly gripped and choked the throat of the defendant. Thus, the defendant responded by stabbing the deceased until death with the knife in his pocket. JUDGMENT The Supreme Court of Nigerian accepted the accused defense of private defence as provided in the Nigerian Penal Code as the court ruled that the self-defence is only available if there is reasonable apprehension of death or grievous harm against the person who exercise his right of private defence. The court also added that an abnormal nervous or a person who are threaten by a person comparatively minor from him also are excluded from this provision. The court applied the standard of reasonable man to determine whether a person is reasonably feels the apprehension of his death from the threat from the deceased.

R v Cumming (1891) SLR (NS) 41 SECTION 102 REASONABLE APPREHENSION (PERSON) FACTS OF THE CASE The appellant was charged under Section 304 of the Penal code with culpable homicide not amounting to murder of one Lee Ah Tong. He had contended that he was under mistake, thinking the man was taking down the spear to one Dr Middleton. JUDGMENT The jury return the verdict of non-guilty. GFL Ewin v PP (1949) 15 MLJ 29 SECTION 102 REASONABLE APPREHENSION (PERSON) FACTS OF THE CASE The appellant was a police officer in the area near Ipoh which was known for terrorist activities.

Wong Teck Choy v PP (2005) 4 AMR 570 SECTION 102 REASONABLE APPREHENSION (PERSON)

FACTS OF THE CASE

JUDGMENT

PP v Yeo Kim Bok (1971) 1 MLJ 204 SECTION 100 SCOPE OF RIGHT (PERSON) FACTS OF THE CASE

JUDGMENT

Wong Lai Fatt v PP (1973) 2 MLJ 31 SECTION 97 PRIVATE DEFENCE OF THIRD PARTY (PERSON) FACTS OF THE CASE JUDGMENT

Mohd Rafi v Emperor AIR (1949) Lah 375 SECTION 97 SCOPE OF RIGHT (PROPERTY) FACTS OF THE CASE JUDGMENT

Mir Dada AIR (1926) Lah 74 SECTION 105 (2) (a) EFFECTED HIS RETREAT WITH PROPERTY

FACTS OF THE CASE

JUDGMENT

The court expressed that the right of private defence exists as long as the offender has not retreat with the property and as soon the offender has completed his retreat..

Amar Singh v State of Rajasthan (1968) Crim LJ 79 SECTION 105 (2) (a) EFFECTED HIS RETREAT WITH PROPERTY FACTS OF THE CASE JUDGMENT

Kabiruddin v Emperor 35 Cal 368 SECTION 105 (2) (c) ASSISTANCE OF PUBLIC AUTHORITY OBTAINED FACTS OF THE CASE JUDGMENT