R v Julien

Facts

Julien threw a milk bottle and injured a man who was coming at him with a chopper. He relied on self-defence. The jury was directed that he had to retreat before he could use force.

Issue

Is there a duty to retreat?

Held

The direction was wrong and the conviction was quashed. Lord Widgery said a person threatened need not take to his heels. He must show, by what he does, that he does not want to fight.

Principle

In the English cases, retreat is a factor in whether the force was reasonable. It is not a precondition.

Why it matters

In Sierra Leone the older rule still applies. The person attacked must retreat as far as he can before using force.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.