R v Faraj (Shwan)
| Jurisdiction | England & Wales |
| Judge | Lord Justice Tuckey |
| Judgment Date | 04 May 2007 |
| Neutral Citation | [2007] EWCA Crim 1033 |
| Date | 04 May 2007 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | Case No: 2006/04751/C3 |
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3 cases
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Daryl Howard Morris v The Queen
...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. Alt......
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R v Morris (Denton)
...safety? 8 Mr Walsh challenged the count in the indictment on the basis of self-defence and/or defence of property. This court held in R 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 ......
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Tolga Yaman and Another v The Crown
...was reasonable, which he should not have done since the existence of that belief was not in issue. Had it been, although (see Faraj [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 such......
2 books & journal articles
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Battered Women, Startled Householders and Psychological Self-Defence: Anglo-Australian Perspectives
...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......
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‘Grossly Disproportionate’: Home Owners' Legal Licence to Kill
...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......