R v Faraj (Shwan)

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLord Justice Tuckey
Judgment Date04 May 2007
Neutral Citation[2007] EWCA Crim 1033
Docket NumberCase No: 2006/04751/C3
Date04 May 2007

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3 cases
  • Daryl Howard Morris v The Queen
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 16 April 2013
    ...that an arrest was necessary) and crucially, whether the force used may have been reasonable. This approach is consistent with Faraj [2007] EWCA Crim 1033. 22 In the circumstances, we accept the submission that there was an error of law in the direction of law that the jury were given. Alth......
  • Tolga Yaman and Another v The Crown
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 May 2012
    ...1 The appellant did say in evidence at one point that he did not suspect that there might still be burglars there. 2 Section 76Faraj [2007] EWCA Crim 1033) a defendant is entitled to be judged on the basis of an honest belief even if it is objectively unreasonable, the reasonableness of suc......
  • R v Morris (Denton)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 15 July 2010
    ...Nowadays you have to make an application to Highbury Corner. Good luck. MR WALSH: Thank you, my Lord. LORD JUSTICE PITCHFORDR v Faraj [2007] EWCA Crim 1033 that the two stage common law test for self-defence applied equally to the defence of property. Accordingly, the judge posed the first ......
2 books & journal articles
  • Battered Women, Startled Householders and Psychological Self-Defence: Anglo-Australian Perspectives
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 77-5, October 2013
    • 1 October 2013
    ...Act 2008 by s. 148 of the Legal Aid, Sentencing andPunishment of Offenders Act 2012. See also R v McInnes [1971] 1 WLR 1600; R vFaraj [2007] EWCA Crim 1033.8 New South Wales Legislative Council Select Committee (NSWLCSC), The PartialDefence of Provocation (2013) paras 9.18–9.19, available a......
  • ‘Grossly Disproportionate’: Home Owners' Legal Licence to Kill
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 77-4, August 2013
    • 1 August 2013
    ...is to beconsidered (so far as relevant) as a factor to be taken into account, rather than asgiving rise to a duty to retreat.’11 [2007] EWCA Crim 1033.12 Ibid. at 22.The Journal of Criminal LJ made clear that this defence of property, like other self-defence pleas,‘has its limits’.13What is......