References: [1971] 1 All ER 1077, (1971) 55 Cr App R 223 (PC), [1971] AC 814
Coram: Lord Morris of Borth-y-Gest
Ratio: It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be recognised that a person defending himself cannot weigh to a nicety the exact measure of necessary defensive action. If a jury is of the opinion that in a moment of unexpected anguish the person attacked did only what he honestly and reasonably thought was necessary, that should be regarded as most potent evidence that only reasonably defensive action was taken.’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Bici and Bici v Ministry of Defence QBD ([2004] EWHC 786(QB), Bailii, Times 11-Jun-04)
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was . . - Cited – Buckley, Regina (on the Application Of) v Director of Public Prosecutions Admn (Bailii, [2004] EWHC 2533 (Admin))
Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be . . - Cited – Regina (Anderson and Others) v HM Coroner for Inner North Greater London QBD (Bailii, [2004] EWHC 2729 (Admin))
The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but . . - Cited – Ashley and Another v Sussex Police CA ([2007] 1 WLR 398, Bailii, [2006] EWCA Civ 1085, Times 30-Aug-06)
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 . .
(This list may be incomplete)
Last Update: 30 May 2017
Ref: 190054