Regina v McInnes: CACD 1971

Edmund Davies LJ said: ‘But where self-defence fails on the ground that force used went clearly beyond that which was reasonable in the light of the circumstances as they reasonably appeared to the accused, is it the law that the inevitable result must be that he can be convicted of manslaughter only, and not of murder? It seems that in Australia that question is answered in the affirmative . . but not, we think, in this country. On the contrary, if a plea of self-defence fails for the reason stated, it affords the accused no protection at all.’


Edmund Davies LJ, Lawton, Forbes JJ


[1971] 1 WLR 1600


Not FollowedThe Queen v Howe 1958
High Court of Australia – Criminal Law – Murder – Conviction – Quashed on appeal to Supreme Court – New trial ordered – Appeal to High Court by Crown – Special leave – Questions of law affecting law of homicide – Importance – Self-defence – . .

Cited by:

CitedRegina v Clegg HL 25-Jan-1995
The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 May 2022; Ref: scu.539754