Chapter 3

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Ashley v Chief Constable of Sussex Police [2008] 2 W.L.R. 975 involved the fatal shooting of Mr Ashley by the police during an armed drugs raid at his home in the early hours of the morning. The police admitted negligence and accepted responsibility for all damage flowing from the raid but disputed liability for battery on the basis that the officer had acted in self-defence. One of the questions considered by the House of Lords was whether a defendant who had mistakenly but honestly thought it was necessary to defend himself against an imminent risk could rely on self-defence if his mistaken belief, although honestly held, had not been a reasonable one. Their Lordships confirmed that in a civil law action for battery the burden is on the defendant to prove not only an honest belief that he had been under threat of imminent attack but also the reasonableness of that belief. If a defendant acts reasonably in assessing whether he was about to be attacked and uses reasonable force in defending himself, then he will be able to rely on the defence. However, an excuse of self-defence based on non-existent facts will not suffice so if the defendant's mistakenly belief is unreasonably held then the defence will not be available.

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Chapter 3