Attorney-General's Reference (No 2 of 1983)

Facts

After a riot in which his shop was damaged and looted, the shopkeeper made ten petrol bombs in case the rioters returned. They did not. He was charged under the Explosive Substances Act with possessing explosives in circumstances that gave rise to a reasonable suspicion that he did not have them for a lawful object.

Issue

Can making weapons against an expected attack be self-defence?

Held

The Court of Appeal held that self-defence, including defence of property against an apprehended attack, could be a lawful object.

Principle

Preparations for a reasonably apprehended attack can be justified. The force, and the preparation, must still be reasonable.

Why it matters

It is the authority for anticipatory private defence.

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