M appealed by way of case stated against the decision convicting him of an offence of an assault by beating, contrary to Section 39 of the Criminal Justice Act 1988.
The questions for the opinion of this court were:
‘1. Were we entitled to consider whether the amount of force used by the appellant was reasonable when no decision could be made as to who the aggressor actually was?
2. Were we entitled to consider whether the amount of force used by the appellant was reasonable when the case advanced by the Crown was that the appellant was the aggressor and therefore any force used could not have been in lawful self defence in any event?’
Judges:
Sir Stephen Silber
( Sitting as a High Court Judge)
Citations:
[2015] EWHC 1022 (Admin)
Links:
Jurisdiction:
England and Wales
Crime
Updated: 09 November 2022; Ref: scu.547362
