Faraj, R v [2007] EWCA Crim 1033 (04 May 2007)

Faraj, R v [2007] EWCA Crim 1033 (04 May 2007)

The conviction was unsafe because the jury was not properly directed on the defence of honest but mistaken belief and the separate defences of arrest and defence of property. The directions conflated the requirements for arrest with those for defence of property and failed to address the subjective belief of the appellant.

Citation
[2007] EWCA Crim 1033
Parties
Prosecution: R; Appellant: Shwan Faraj
Jurisdiction
England and Wales
Judgment Date
04 May 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed
Legal Topics
False Imprisonment, Defence of Property, Mistaken Belief, Citizen's Arrest
Criminal Law False Imprisonment Defence of Property Mistaken Belief Citizen's Arrest

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Parties

R

Prosecution

Shwan Faraj

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's conviction for false imprisonment was unsafe due to inadequate jury directions on mistaken belief and defences of arrest and defence of property.

Ratio Decidendi

The conviction was unsafe because the jury was not properly directed on the defence of honest but mistaken belief and the separate defences of arrest and defence of property. The directions conflated the requirements for arrest with those for defence of property and failed to address the subjective belief of the appellant.

Court Disposition

conviction quashed

Orders

  • Appeal allowed
  • Conviction quashed