Source: All England Reporter
Publisher Citation: [2005] All ER (D) 192 (Dec)
Court: Court of Appeal, Criminal Division

Dyson LJ, Tomlinson and Andrew Smith JJ

Representation Richard Marks QC and Benjamin Myers (assigned by the Registrar of Criminal Appeals) for the defendant.
  Michael Chambers QC and Merion Lewis-Jones (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 December 2005


Criminal law - Defence - Self-defence - Judge's direction to jury - Defendant being initial aggressor or having motive for revenge - Whether initial aggression or motive precluding defence of self-defence - Whether defendant entitled to rely on self-defence.

The Case

In relation to the availability of the defence of self-defence, it was not accurate to say that a person who killed someone in a quarrel which he himself started, by provoking it or entering into it willingly could not depend on self defence where his victim had then retaliated. The question was whether the retaliation was such that the defendant was entitled then to defend himself.

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