Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to what extent expert evidence of the Thompson’s post-traumatic stress disorder was relevant to their consideration of the defence of self-defence, and whether the jury was provided with appropriate directions.
Held: In the assessment of reasonableness of force used in self defence, an honest and instinctive belief in the necessity for the force used, formed because the defendant was acting under an insane delusion as to the nature of the threat, was to be left out of account. To hold otherwise would be to ignore the explicit terms of section 76(9) that section 76 was a clarification of existing law and not a change in it.
Pitchford LJ, Keith, Lewis JJ
[2013] EWCA Crim 1849
Bailii
Offences Against the Person Act 1861 18
England and Wales
Citing:
Cited – Regina v Grundy CACD 1989
A policeman was attacked on the staircase of someone’s home. Grundy arrived within a few seconds and joined in the attack including headbutting the police officer. The assault continued when the police officer was knocked to the ground. It could not . .
Cited – Martin v Regina CACD 30-Oct-2001
It would not be appropriate except in exceptional circumstances ‘which would make the evidence especially probative’ to take into account, when deciding whether excessive force was used in self-defence, that the defendant was suffering from a . .
Cited – Keane and Another, Regina v CACD 19-Oct-2010
The court considered the effect upon the common law concept of self-defence of the statutory intervention made by section 76 of the Criminal Justice and Immigration Act 2008.
Held: It was not the purpose of the section to change the common law . .
Cited – B v Regina CACD 31-Jan-2013
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant.
Held: Hughes LJ said: ‘Both the common law and statute law are . .
Cited – SO v The Crown CACD 11-Oct-2013
The defendant suffered from a psychiatric condition that caused him to believe in a state of affairs which did not exist.
Held: ‘an insane person cannot set the standards of reasonableness as to the degree of force used by reference to his own . .
Cited – Press and Another v Regina CACD 24-Oct-2013
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to . .
Cited by:
Cited – Press and Another v Regina CACD 24-Oct-2013
Three defendants appealed against their convictions of assault. One defendant argued that the court did not direct the jury as to the effect of intoxication and/or post-traumatic stress disorder upon the issue of intent, and as to whether and to . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 22 November 2021; Ref: scu.516962