The defendant appealed against his conviction for unlawful wounding and possession of an offensive weapon, an axe. He had returned to the scene of an argument, taking with him an axe. He said that, in the course of a struggle, the axe had fallen from his grip, striking the complanant. The judge had refused to allow a plea of self defence to the jury.
Held: The appeal was dismissed.
Astill J said: ‘Here there were two possibilities – accident or a deliberate blow aimed by the appellant – and the learned judge left both to the jury. If a man takes a weapon to threaten another and strikes a deliberate blow when others are attempting to disarm him, it is not open in ordinary circumstances for him to plead that he is being attacked. In those circumstances violence is being used on him because and only because he has used or threatened to use unlawful violence himself. That is what the judge was saying and in the view of this court he was entirely correct. There was no factual basis in this case upon which self-defence could be left to the jury.’
Judges:
Kennedy LJ VP, Jowitt, Astill JJ
Citations:
[1998] EWCA Crim 1959
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – The Director of Public Prosecutions v Bailey PC 15-Dec-1993
Court of Appeal of Jamaica – A lawfully armed Jamaican policeman fell into confrontation with two others. During the confrontation he shot one of them and claimed he did so in self-defence.
Held: In those circumstances it was clear that . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 19 November 2022; Ref: scu.465036