The court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that the defendant tried to retreat or call off the fight may be a cast-iron method of casting doubt on the suggestion that he was the attacker or retaliator or the person trying to revenge himself. But it is not by any means the only method of doing that.’
Judges:
Lord Lane LCJ, Skinner, Simon Brown JJ
Citations:
[1985] EWCA Crim 2, [1985] 2 All ER 513, [1985] 1 WLR 816, (1985) 81 Cr App R 110
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Brooks v Director of Public Prosecutions Admn 6-Mar-2015
Appeal by case stated against a decision of the Justices to convict the appellant of the offence of battery contrary to section 39 of the Criminal Justice Act 1988.
The question for the opinion of this court was: 1. ‘Did we apply the correct . .
Cited – Skelton, Regina (on The Application of) v Winchester Crown Court Admn 5-Dec-2017
The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 09 July 2022; Ref: scu.247954