CRIMINAL DIVISION
Strand London, WC2A 2LL |
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B e f o r e :
MR JUSTICE SIMON
SIR COLIN MACKAY
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R E G I N A | ||
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MOHAMMED IBRAHIM |
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Mr W Cranston-Morris appeared on behalf of the Crown
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LORD JUSTICE JACKSON: This judgment is in four parts, namely:
Part 1. Introduction,
Part 2. The facts,
Part 3. The criminal proceedings,
Part 4. The appeal to the Court of Appeal.
Part 1. The Introduction
"(3) The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.
(4) If D claims to have held a particular belief as regards the existence of any circumstances -
(a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
(b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not -
(i) it was mistaken, or
(ii)(if it was mistaken) the mistake was a reasonable one to have made.
(5) But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced."
Part 2. The facts
Part 3. The criminal proceedings
Part 4. The appeal to the Court of Appeal