Self Defence Considered
Self Defence - Criminal and Civil Jurisdiction ContrastedAshley and others v Chief Constable of Sussex Police
CA
27 July 2006
BAILII Judgment
(i)In criminal proceedings the burden of negativing self-defence is
on the prosecution. By contrast, in civil proceedings the burden
is on the defendant to establish self-defence.
ii) In criminal proceedings a defendant who mistakenly but
honestly believes that it is necessary to act in self-defence is
entitled to be judged on the basis that his mistaken belief is
true. By contrast, in civil proceedings, his belief must be both
honestly and reasonably held.
iii) In both criminal and civil proceedings, action taken in
self-defence must be reasonable but, in judging what is
reasonable, the court must have regard to all the circumstances of
the case, including the fact that the action may have to be taken
in the heat of the moment.
iv) The judge erred in principle in concluding that the burden of
negativing self-defence was on the appellants. It is therefore for
this court to decide whether the respondent is entitled to summary
judgment on the battery claim, that is the shooting. On the facts
the respondent is not entitled to summary judgment on that issue.
v) The appellants should be allowed to have the claim based on the
alleged battery tried, notwithstanding the fact that the
respondent accepts liability for negligence.