Skip to main content

self-defense

ID
992

Case of Sebastian Ramirez Ledesma, Acuerdo y Sentencia No. 210 (1999)

The lower court found the accused guilty of murdering his father, a ruling which the court of appeals affirmed. However, the Supreme Court acquitted him of all charges, finding that he acted in self-defense. On the day the events took place, his father was drunk and threatening to kill his mother, whom he regularly hit. The accused intervened to defend his mother, which enraged his father. The father revealed a gun and fired three shots at the accused, but missed. Then, the father continued the aggression against his wife. Subsequently, the accused was able to grab the gun from his father.

Director of Public Prosecutions v. Bracken

This decision concerned the admissibility in a murder trial of expert evidence regarding the effects of family violence.  The defendant argued self-defense, claiming that because of the deceased’s physical and verbal violence towards him, he reasonably believed that he had to kill her in order to prevent her from killing or seriously injuring the defendant or his father.  The expert evidence in question was a general report on family violence, which considered (among other things) the cumulative psychological and social effects of family violence on an abused person.  The Cou

Longsworth v. The Queen

The appellant threw an accelerant on her husband, followed by a lit candle.  She then immediately attempted to douse the flames in water.  Her husband died and she was convicted of murder and sentenced to life imprisonment.  On appeal, the appellant attempted to introduce new evidence that she had suffered from Battered Women Syndrome (“BWS”).  This evidence was not available during the appellant’s trial because there were no qualified forensic psychiatrists available in Belize.  The Court of Appeal granted the appeal on the ground that (1) it was capable of be

Mondal v. State Of West Bengal

The trial court convicted the appellant of murdering her brother-in-law, which the High Court confirmed. On appeal, the Supreme Court found that the trial court based its conviction solely on the appellant's confession to killing the deceased with a katari (type of dagger). However, the appellant also stated that the deceased had attacked and attempted to rape her before she grabbed the katari and used it in self-defense.

Mpando v. Mpando

The petitioner sought a dissolution of her marriage to the respondent on the grounds of cruelty and additionally sought custody of their four-year-old child. As the respondent had already admitted to beating the petitioner throughout the course of their marriage and pleaded guilty to domestic violence in a lower court, the court ordered that the couples’ marriage be dissolved.

People of the Philippines v. Marivic Genosa, G.R. No. 135981 (2004)

Marivic Genosa admitted that she killed her husband after a quarrel in their house and was sentenced to death in 1998. Genosa appealed her sentence, claiming she acted in self-defense as a victim of battered woman syndrome (BWS). The appeal posited that the consistent abuse Genosa faced at the hands of her husband had caused BWS, which meant that she was in a constantly threatened state and acted in self-defense when she killed him. The Supreme Court ruled that as a victim of BWS, her husband’s cumulative provocation had broken down her self-control and made the murder an act of passion.

Republic v Nambazo & Ors.

The murder in this case stemmed from the defendants’ claim that one of them was the rightful heir to the Thombozi chieftaincy rather than the murder victim and her successors. The four men were charged with murder for cutting and striking the woman’s head with panga knives (machete) and a hoe repeatedly until she died. The victim was seated amongst her colleagues in front of the village court, as was customary for the group of women, when the defendants, from a nearby village, approached the group and asserted that they owned the court.

Republic v. C.W.

The defendant was accused of the killing of her husband. She entered into a plea agreement to reduce the charge of murder to manslaughter.  The deceased returned home on May 7, 2016, intoxicated and accused the defendant of infidelity.

Subscribe to self-defense