Keane & Anor, R. v

Keane & Anor, R. v

Self-defence is not available to a defendant who deliberately provokes a fight unless the victim's response is so disproportionate as to reverse the roles; jury directions must focus on the facts and issues raised, and unnecessary legal complications should be avoided.

Parties
Appellant: Daniel Keane; Respondent: Crown (Keane); Appellant: Katherine Rosa McGrath; Respondent: Crown (McGrath)
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction and sentence dismissed
Legal Topics
Self Defence, Manslaughter, Grievous Bodily Harm, Provocation, Jury Directions
Criminal Law Self Defence Manslaughter Grievous Bodily Harm Provocation Jury Directions

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Parties

Daniel Keane

Appellant

Crown (Keane)

Respondent

Katherine Rosa McGrath

Appellant

Crown (McGrath)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Availability of self-defence to original aggressors
  2. 2 Correctness of jury directions on self-defence
  3. 3 Proportionality of response in self-defence

Ratio Decidendi

Self-defence is not available to a defendant who deliberately provokes a fight unless the victim's response is so disproportionate as to reverse the roles; jury directions must focus on the facts and issues raised, and unnecessary legal complications should be avoided.

Court Disposition

appeals against conviction and sentence dismissed

Orders

  • Keane's appeal against conviction dismissed
  • McGrath's appeal against conviction dismissed