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 test in law when we considered whether the prosecution has proved beyond reasonable doubt that the appellant was not acting in lawful self defence when he pushed Mr Wales?’
Sir Stephen Silber
[2015] EWCA Admin 1025
Bailii
England and Wales
Citing:
Cited – Bird, Regina v CACD 22-Mar-1985
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 December 2021; Ref: scu.547501