R v Martin (Anthony)

Psychiatric conditions are not generally relevant to whether the force used in self defence was reasonable, but may support diminished responsibility.

Citation
[2001] EWCA Crim 2245, [2003] QB 1
Court
Court of Appeal (Criminal Division)
Year
2001
Subject
Criminal Law
Topic
Defences: self defence, duress and necessity

Facts

Tony Martin, a farmer, lived alone in an isolated farmhouse in Norfolk that had been burgled several times. One night, two burglars broke into the house. He fired a shotgun at them in the dark, killing one, a 16 year old boy, who was shot in the back as he tried to escape, and wounding the other. He was convicted of murder. On appeal, he relied on fresh psychiatric evidence that he was suffering from a paranoid personality disorder, which made him perceive a greater danger than an ordinary person would.

Legal principle

The Court of Appeal quashed the murder conviction and substituted manslaughter on the ground of diminished responsibility, based on the fresh psychiatric evidence. However, Lord Woolf CJ said that, in deciding whether the force used was reasonable for the purposes of self defence, the jury should not generally take into account the defendant's psychiatric condition, except in exceptional circumstances that would make the evidence especially probative. The case led to public debate about the rights of householders, and later to changes in the law.

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