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Judge erred in not allowing jury to consider self defence as possibility in assault convictions
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Court of Appeal allows appeal of convictions for assault by head butt and assault by striking with a golf club (which lead to the death of the victim), on the grounds that the trial judge misdirected the jury with respect to the subjective test to be applied to self defence, and was in error in refusing to allow the jury to consider self defence as a possibility in the context of the golf club assault.
Criminal law – appeal of convictions for assault by head butt and assault by striking with the golf club – s. 11 of the Firearms and Offensive Weapons Act 1990 – s. 3 of the Non Fatal Offences Against the Person Act 1997 – whether the trial judge erred in law in relation to count no. 2 by misdirecting the jury in respect of the application of the principles of self defence to the facts of the case – whether the trial judge erred in law in refusing to allow the jury to consider self defence in respect of count no. 4 – the Judge’s charge on self defence – alleged misdirection as to the subjective test – s.1(2) of the Non Fatal Offences Against the Person Act of 1997 – trial judge was in error in refusing to allow the jury to consider self defence as a possibility in the context of Count No 4 – appeal allowed.
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