Kargbo v Reginam (self-defence)

Facts

During a quarrel over a cup, the deceased attacked his brother, the appellant, knocked him down and sat on him. The appellant seized a machete and struck him fatally.

Issue

Was he bound to retreat before using force?

Held

No. A person defending himself is not obliged to retreat and may resist until out of danger.

Principle

There is no duty to retreat, though the chance to retreat is relevant to reasonableness.

Why it matters

The leading Sierra Leone case on self-defence.

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