Beckford v The Queen
A person may use force in self defence on the basis of an honest belief that he is being attacked, and need not wait to be struck first.
Facts
Mr Beckford, a police officer in Jamaica, was sent with other officers to a house after a report that a man there was armed with a gun and was terrorising his family. When the man ran out of the house, Mr Beckford shot and killed him. Mr Beckford said that he believed the man was armed and was about to shoot him, but the prosecution said that the man was unarmed and had surrendered. He was convicted of murder.
Legal principle
The Privy Council quashed the conviction, following R v Williams (Gladstone). Lord Griffiths said that the test for self defence is that a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another. He also said that a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot, because circumstances may justify a pre-emptive strike.
Related cases on defences: self defence, duress and necessity
- Re A (Children) (Conjoined Twins: Surgical Separation) [2001] Fam 147
- R (Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin), [2016] QB 862
- R v Bowen [1997] 1 WLR 372
- R v Clegg [1995] 1 AC 482
- R v Conway [1989] QB 290
- R v Dudley and Stephens (1884) 14 QBD 273
- R v Gotts [1992] 2 AC 412
- R v Graham [1982] 1 WLR 294
Studying criminal law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
