Faraj, R v
The trial judge's directions failed to address the defence of honest but mistaken belief and conflated the requirements for lawful arrest and defence of property. This omission rendered the conviction unsafe, as the jury was not properly directed on the law regarding mistaken belief and the separate defences available.
- Parties
- Prosecution: R; Appellant: Shwan Faraj
- Jurisdiction
- England and Wales
- Judgment Date
- 04 May 2007
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction From Crown Court
- Outcome
- Appeal allowed; conviction quashed
- Legal Topics
- False Imprisonment, Defence of Property, Mistaken Belief, Citizen's Arrest
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
Shwan Faraj
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Crown Court
Legal Issues
- 1 Whether the trial judge erred in failing to direct the jury on the defence of mistaken belief in the context of false imprisonment
- 2 Whether the directions on lawful arrest and defence of property were adequate and correct
Ratio Decidendi
The trial judge's directions failed to address the defence of honest but mistaken belief and conflated the requirements for lawful arrest and defence of property. This omission rendered the conviction unsafe, as the jury was not properly directed on the law regarding mistaken belief and the separate defences available.
Court Disposition
Appeal allowed; conviction quashed
Orders
- Conviction quashed
- If retrial occurs, directions to jury should be confined to defence of property
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