In a criminal trial for assault, once the evidence is shown to have raised a possible defense of self-defense, the burden is on the prosecution to prove that the defendant intended to apply unlawful force to the victim: ‘Even under the common law if, but only if, the evidence supports the possible existence of one of the ‘excusatory defences then the Crown must negative such defence’
Judges:
Lord Tucker
Citations:
[1955] AC 206, [1955] 1 All ER 266, [1955] 2 WLR 192
Cited by:
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 10 May 2022; Ref: scu.244747