De Minimis Principle: Defence or Guide?

Abstract

Going through the historical evolution of criminal law, the courts have considered certain facts
or sets of facts in any case that serve to exonerate a person from liability and they are now known
as defenses to criminal liability. Slight injury is a defense in our laws and is only provided for in
the Penal Code which refers to it as slight harm. In some climes, it could serve as a defense in
civil actions. It is also referred to as the, de minimis principle. It is a codification of the maxim,
"De minimis non-curat lex" which means "The praetor does not concern himself with trifles or
very small matters". It is a common law principle the essence of which is to save judicial resources
and prevent the system from getting bogged down with trifling or inconsequential matters. This
article considered the de minimis principle as a defense and its role as a guide.