Facts
- The defendant, a soldier stationed at a checkpoint in Northern Ireland, fired four shots at a speeding vehicle approaching the checkpoint.
- The vehicle was subsequently found to have been stolen.
- The fourth shot fired by the defendant resulted in the death of a passenger in the vehicle.
- The defendant was charged with murder and claimed the shots were fired in self-defence.
- Key considerations included the timing and circumstances of the shots, especially the fourth shot after the vehicle had passed the checkpoint.
Issues
- Whether the defendant could successfully claim self-defence when force used exceeded what was necessary, particularly in relation to the fourth shot.
- Whether the law should distinguish between excessive force used in self-defence, prevention of crime, or apprehension of offenders.
- Whether self-defence could be maintained as a complete defence when the perceived threat had subsided.
Decision
- The House of Lords upheld the conviction for murder.
- The court determined that the fourth shot was not fired in self-defence, as the immediate threat had passed.
- It was held that excessive or disproportionate force cannot be justified as self-defence.
- The principle applied equally to self-defence, prevention of crime, and apprehension of offenders.
Legal Principles
- Self-defence is only a valid defence where the force used is reasonable, necessary, and proportionate to the threat.
- Using force after the immediate threat has subsided is not protected by self-defence.
- The law does not distinguish between contexts (self-defence, prevention of crime, apprehension of offenders) when assessing the proportionality of force.
- A use of force grossly exceeding what is required leads to criminal liability, including for murder.
Conclusion
The House of Lords confirmed that self-defence cannot excuse a use of force exceeding what is necessary to meet the perceived threat; excessive force results in criminal liability regardless of the context, reaffirming strict limits on lawful self-defence.