Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

Todos los casos
Criminal Law
Court of Appeal
2001

R v Martin (Anthony)

[2001] EWCA Crim 2245

Ratio Decidendi

Self-defence must be judged by the circumstances as the defendant honestly believed them to be. Psychiatric conditions affecting perception may be relevant to diminished responsibility.

Hechos

Tony Martin, a farmer, shot burglars in his farmhouse with an unlicensed shotgun, killing a 16-year-old and wounding another.

Resumen de la sentencia

The conviction was reduced from murder to manslaughter on diminished responsibility, considering Martin's paranoid personality disorder.

Citas clave

"The question is whether the defendant honestly believed that the degree of force used was necessary in the circumstances as he believed them to be."

Lord Woolf CJ

Tratamiento posterior

Developed

Householder self-defence subsequently strengthened by the Crime and Courts Act 2013, s.43.