|
R v McGrath [2010] EWCA Crim 2514 Court of Appeal
The appellant had been out drinking with her
boyfriend celebrating her A level results. They both became heavily
intoxicated. On their return to her parents’ house an altercation occurred. He
hit her, bit her and spat on her three times. She grabbed a knife from the
draw. She claimed she wished to frighten him into stopping, but that he impaled
himself on it. On the issue of self –defence the trial judge in his direction
referred to s.76(3) Criminal Justice and Immigration Act 2008 relating to
intoxicated mistaken belief that use of force was necessary to defend oneself.
The jury rejected the defence and she was convicted of manslaughter. She
appealed contending that since she was actually under attack rather than acting
in the belief that she was under attack the trial judge was wrong to refer to
this.
Held:
Appeal dismissed. The reference to mistaken belief
was an unnecessary complication which should not have been present, however, it
did not render the conviction unsafe.
| 
