Duffy [1967] 1 QB 63 [1966] 2 Public and Private Defence The appellant saw her sister
W.L.R. 229 and A, a Pakistani, fighting on
the floor of a tavern, and went
to the aid of her sister,
smashing a bottle on the back
of A's head and pummelling
him. The appellant said she
had seen A holding her sister
by her hair and had attempted
unsuccessfully to pull A off her
sister, and that only then had
she hit A with the bottle.
When the appellant was
charged with wounding with
intent she raised the defence
of self-defence. Held:
conviction quashed when she
was denied the defence.
Blake v DPP [1993] Crim. L.R. Public and Private Defence A vicar was convicted of
586 criminally damaging a concrete
pillar within the Houses of
Parliament by writing a biblical
quotation on it. Argued self-
defence and was subsequently
denied it.
Hitchens [2011] EWCA Crim A genuine belief that force was D argued self defence when he
1626 [2011] 2 Cr. App. R. 26 necessary assaulted V in order to prevent
her allowing a man into her
kitchen that D believed would
assault him. The judge at first
instance said no self-defence
was available as the threat
wasn’t from the victim. CoA
held that self-defence was
capable of being extended to
an innocent third party in
order to prevent a crime
occurring.
Hasan [2005] UKHL 22 [2005] 2 A genuine belief that force was The threat that comes from
W.L.R. 709 necessary must be of death or serious
injury.
Rashford [2005] EWCA Crim A genuine belief that force was R had argued with a friend (D)
3377 [2006] Crim. L.R. 547 necessary – V will never be and later, during a fight,
considered to be a threat if D is stabbed him. Held: no self
found to be at prior fault defence as it was found that D
had deliberately manipulated
the events leading up to the
fight – he was the original
aggressor and thus was denied
self-defence.
Keane [2010] EWCA Crim 2514 A genuine belief that force was Self-defence could arise in the
, [2011] Crim. L.R. 393 necessary – can rely on self- case of the original aggressor,
defence even where D starts but only where the violence
the fight offered by the victim was so
out of proportion to what the
original aggressor did that the
roles were effectively reversed.
Gladstone Williams [1987] 3 A genuine belief that force was W saw M arresting a youth. M
All ER 411 necessary – Mistaken said he was a police officer but
Assumption failed to produce a warrant
card. W, believing that the
youth was being unlawfully
assaulted by M, himself
assaulted M. Held: appeal
allowed as D should’ve been
judged according to his
mistaken view of the facts,
whether or not that mistake
was, on an objective view,
reasonable.
Hatton [2005] EWCA Crim A genuine belief that force was H, who had consumed a large
2951 [2006] 1 Cr. App. R. 16 necessary – Intoxicated quantity of alcohol and was
Mistake heavily intoxicated at the time
of the killing, had argued that
in determining the
reasonableness of his actions
consideration should have
been given to the effect of his
intoxication upon his
perception of the situation.
Held: if D holds a genuine
mistaken belief for the
purposes of self-defence, it
cannot have been induced by
voluntary intoxication.
R v Taj [2018] EWCA Crim 1743 A genuine belief that force was D was driving down a road
[2019] 2 W.L.R. 380 necessary – Insanity when he saw V broken down
and on the phone, D stopped
to help and suddenly became
convinced that V (who was
Muslim) had a bomb in his van
that he was activating with his
phone, he called 999 and the
police quickly ascertained that
he had no criminal intentions
and told D as much, D later
returned and attacked V with a
tire lever and sprayed aerosol
into his eyes, D was charged
with murder and argued self-
defence, it was found that at
the time of the attack that D
W.L.R. 229 and A, a Pakistani, fighting on
the floor of a tavern, and went
to the aid of her sister,
smashing a bottle on the back
of A's head and pummelling
him. The appellant said she
had seen A holding her sister
by her hair and had attempted
unsuccessfully to pull A off her
sister, and that only then had
she hit A with the bottle.
When the appellant was
charged with wounding with
intent she raised the defence
of self-defence. Held:
conviction quashed when she
was denied the defence.
Blake v DPP [1993] Crim. L.R. Public and Private Defence A vicar was convicted of
586 criminally damaging a concrete
pillar within the Houses of
Parliament by writing a biblical
quotation on it. Argued self-
defence and was subsequently
denied it.
Hitchens [2011] EWCA Crim A genuine belief that force was D argued self defence when he
1626 [2011] 2 Cr. App. R. 26 necessary assaulted V in order to prevent
her allowing a man into her
kitchen that D believed would
assault him. The judge at first
instance said no self-defence
was available as the threat
wasn’t from the victim. CoA
held that self-defence was
capable of being extended to
an innocent third party in
order to prevent a crime
occurring.
Hasan [2005] UKHL 22 [2005] 2 A genuine belief that force was The threat that comes from
W.L.R. 709 necessary must be of death or serious
injury.
Rashford [2005] EWCA Crim A genuine belief that force was R had argued with a friend (D)
3377 [2006] Crim. L.R. 547 necessary – V will never be and later, during a fight,
considered to be a threat if D is stabbed him. Held: no self
found to be at prior fault defence as it was found that D
had deliberately manipulated
the events leading up to the
fight – he was the original
aggressor and thus was denied
self-defence.
Keane [2010] EWCA Crim 2514 A genuine belief that force was Self-defence could arise in the
, [2011] Crim. L.R. 393 necessary – can rely on self- case of the original aggressor,
defence even where D starts but only where the violence
the fight offered by the victim was so
out of proportion to what the
original aggressor did that the
roles were effectively reversed.
Gladstone Williams [1987] 3 A genuine belief that force was W saw M arresting a youth. M
All ER 411 necessary – Mistaken said he was a police officer but
Assumption failed to produce a warrant
card. W, believing that the
youth was being unlawfully
assaulted by M, himself
assaulted M. Held: appeal
allowed as D should’ve been
judged according to his
mistaken view of the facts,
whether or not that mistake
was, on an objective view,
reasonable.
Hatton [2005] EWCA Crim A genuine belief that force was H, who had consumed a large
2951 [2006] 1 Cr. App. R. 16 necessary – Intoxicated quantity of alcohol and was
Mistake heavily intoxicated at the time
of the killing, had argued that
in determining the
reasonableness of his actions
consideration should have
been given to the effect of his
intoxication upon his
perception of the situation.
Held: if D holds a genuine
mistaken belief for the
purposes of self-defence, it
cannot have been induced by
voluntary intoxication.
R v Taj [2018] EWCA Crim 1743 A genuine belief that force was D was driving down a road
[2019] 2 W.L.R. 380 necessary – Insanity when he saw V broken down
and on the phone, D stopped
to help and suddenly became
convinced that V (who was
Muslim) had a bomb in his van
that he was activating with his
phone, he called 999 and the
police quickly ascertained that
he had no criminal intentions
and told D as much, D later
returned and attacked V with a
tire lever and sprayed aerosol
into his eyes, D was charged
with murder and argued self-
defence, it was found that at
the time of the attack that D
