||All England Reporter
|| All ER (D) 192 (Dec)
||Court of Appeal, Criminal Division
Dyson LJ, Tomlinson and Andrew Smith JJ
||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.
||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.
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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