Defenceless castles: the use of grossly disproportionate force by householders in light of R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin)

Thomas, M.P. ORCID: 0000-0002-8935-9348, 2016. Defenceless castles: the use of grossly disproportionate force by householders in light of R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin). The Journal of Criminal Law, 80 (6), pp. 407-427. ISSN 0022-0183

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Abstract

On 16 January 2016, the Divisional Court gave judgment in the case of Collins. In the judgment, Sir Brian Leveson P provided an authoritative statement as to the meaning of ‘grossly disproportionate’ within the law of self-defence for householders. First introduced in 2013, clarity on the meaning of the phrase has been long awaited by both the academic and the practitioner. The Court’s interpretation of the phrase has disturbed the understanding of many and will cause many editions of upcoming Criminal Law textbooks to be re-written on this point. This paper will examine whether the Divisional Court was correct in its interpretation by attempting to find the true intention of Parliament in drafting the legislation. The paper shall also examine how the householder defences operates in modern practice and its suitability to the law of self-defence.

Item Type: Journal article
Publication Title: The Journal of Criminal Law
Creators: Thomas, M.P.
Publisher: SAGE Publications
Date: 7 December 2016
Volume: 80
Number: 6
ISSN: 0022-0183
Identifiers:
NumberType
10.1177/0022018316675543DOI
Divisions: Schools > Nottingham Law School
Depositing User: Jill Tomkinson
Date Added: 10 Feb 2017 10:38
Last Modified: 02 Oct 2017 12:19
URI: http://irep.ntu.ac.uk/id/eprint/30127

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