The court considered the degree of force a defendant could use in self defence: The test of the appropriate degree of force a person was entitled to use in self-defence was not any degree of force which he believed was reasonable, however well or ill founded the belief. A jury must decide whether a defendant honestly believed that the circumstances were such as required him to use force to defend himself from an attack or threatened attack. The defendant must be charged in accordance with his honest belief, even though that belief may be mistaken. But the jury has then to decide whether the force used was reasonable in the circumstances as he believed them to be: ‘A jury must decide whether a defendant honestly believed that the circumstances were such as required him to use force to defend himself from an attack or threatened attack; the jury has then to decide whether the force used was reasonable in the circumstances.’
Judges:
Beldam LJ
Citations:
(1996) 2 Cr App R 128
Jurisdiction:
England and Wales
Cited by:
Approved – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.219151