A defendant’s belief founding a plea of self defence must be both honest and reasonable. A sufficient justification was established if the accused genuinely believed on reasonable grounds that a relative or friend was in imminent danger of injury, even though that belief was based on an honest mistake of fact.
Judges:
Lord Parker CJ
Citations:
(1963) 47 Cr App R 130
Citing:
Cited – Regina v Weston 1879
. .
Cited by:
Rejected – Beckford v The Queen PC 15-Jun-1987
(Jamaica) Self defence permits a defendant to use such force as is reasonable in the circumstances as he honestly believed them to be. ‘If then a genuine belief, albeit without reasonable grounds, is a defence to rape because it negatives the . .
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 . .
Cited – Regina v Fennell CACD 1971
A father was accused of assaulting a police constable in order to release his son from custody. He pleaded self defence, saying that he had believed the arrest unlawful.
Held: The defence failed. A defendant seeking to justify an assault, . .
Cited – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998
A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for . .
Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 19 May 2022; Ref: scu.219152