Force Can be Used Against an Innocent Third Party In [ case ], the Court of Appeal confirmed that the defendant could use force against an innocent third party to protect himself. In this case, D had moved in with a friend (Y), but Y's ex-boyfriend objected to the arrangement. He had come to the flat twice and threatened D. The police were called on both occasions, and warned the ex- boyfriend to stay away. On one previous occasion he had gained access to the flat and attempted to fight D. The ex-boyfriend came to the flat again and Y wanted to let him in. D urged her not to, and slapped her across the face when she would not listen to him. D claimed that he had used reasonable force to prevent the commission of a crime/act in self- defence, since, if the ex-boyfriend had entered the flat, there might have been an altercation between them. In response to a jury question, the judge stated that Y was not about to commit a crime, and the possibility that the ex-boyfriend might do so was not sufficient to justify D's actions in slapping her. D was convicted. He appealed, submitting that the judge had erred in directing that self-defence was not available to him. The appeal was dismissed. However, the court did confirm that this defence was capable of extending to the use of force against an innocent third party to prevent a crime being committed by someone else. The court felt that facts capable of giving rise to such a defence would only rarely be encountered and might include: a police constable bundling a passerby out of the way to get at a man he believed was about to shoot with a firearm or detonate an explosive device; a person seeking to give car keys to another to enable him to drive and X, believing that other to be unfit to drive through drink, knocked the keys out of the first person's hands and retained them.
Answer
R v Hichens [2011] 2 Cr. App. R. 26
Tags
#crime #defences #law
Question
Force Can be Used Against an Innocent Third Party In [ case ], the Court of Appeal confirmed that the defendant could use force against an innocent third party to protect himself. In this case, D had moved in with a friend (Y), but Y's ex-boyfriend objected to the arrangement. He had come to the flat twice and threatened D. The police were called on both occasions, and warned the ex- boyfriend to stay away. On one previous occasion he had gained access to the flat and attempted to fight D. The ex-boyfriend came to the flat again and Y wanted to let him in. D urged her not to, and slapped her across the face when she would not listen to him. D claimed that he had used reasonable force to prevent the commission of a crime/act in self- defence, since, if the ex-boyfriend had entered the flat, there might have been an altercation between them. In response to a jury question, the judge stated that Y was not about to commit a crime, and the possibility that the ex-boyfriend might do so was not sufficient to justify D's actions in slapping her. D was convicted. He appealed, submitting that the judge had erred in directing that self-defence was not available to him. The appeal was dismissed. However, the court did confirm that this defence was capable of extending to the use of force against an innocent third party to prevent a crime being committed by someone else. The court felt that facts capable of giving rise to such a defence would only rarely be encountered and might include: a police constable bundling a passerby out of the way to get at a man he believed was about to shoot with a firearm or detonate an explosive device; a person seeking to give car keys to another to enable him to drive and X, believing that other to be unfit to drive through drink, knocked the keys out of the first person's hands and retained them.
Answer
?
Tags
#crime #defences #law
Question
Force Can be Used Against an Innocent Third Party In [ case ], the Court of Appeal confirmed that the defendant could use force against an innocent third party to protect himself. In this case, D had moved in with a friend (Y), but Y's ex-boyfriend objected to the arrangement. He had come to the flat twice and threatened D. The police were called on both occasions, and warned the ex- boyfriend to stay away. On one previous occasion he had gained access to the flat and attempted to fight D. The ex-boyfriend came to the flat again and Y wanted to let him in. D urged her not to, and slapped her across the face when she would not listen to him. D claimed that he had used reasonable force to prevent the commission of a crime/act in self- defence, since, if the ex-boyfriend had entered the flat, there might have been an altercation between them. In response to a jury question, the judge stated that Y was not about to commit a crime, and the possibility that the ex-boyfriend might do so was not sufficient to justify D's actions in slapping her. D was convicted. He appealed, submitting that the judge had erred in directing that self-defence was not available to him. The appeal was dismissed. However, the court did confirm that this defence was capable of extending to the use of force against an innocent third party to prevent a crime being committed by someone else. The court felt that facts capable of giving rise to such a defence would only rarely be encountered and might include: a police constable bundling a passerby out of the way to get at a man he believed was about to shoot with a firearm or detonate an explosive device; a person seeking to give car keys to another to enable him to drive and X, believing that other to be unfit to drive through drink, knocked the keys out of the first person's hands and retained them.
Answer
R v Hichens [2011] 2 Cr. App. R. 26
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In R v Hichens [2011] 2 Cr. App. R. 26, the Court of Appeal confirmed that the defendant could use force against an innocent third party to protect himself. In this case, D had moved in with a friend (Y), but Y's ex-boyfrien
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