Practice and Procedure

R v SEUN OYE (2013)

PUBLISHED October 11, 2013

[2013] EWCA Crim 1725

Where a defendant suffering from an insane delusion that he was being attacked or threatened reacted violently, using force that was reasonable in the circumstances as he perceived them to be, he was not entitled to an acquittal based on self-defence. An insane person could not set the standards of reasonableness as to the degree of force used by reference to his own insanity. The court considered the meaning and effect of the Criminal Justice and Immigration Act 2008 s.76.

CA (Crim Div) (Davis LJ, Keith J, Lewis J)