Ray, R v

Ray, R v

The amendments to s.76 of the Criminal Justice and Immigration Act 2008, as interpreted in Denby Collins, correctly refine the common law by allowing householders to use disproportionate force that may nevertheless be reasonable, but force that is grossly disproportionate is never reasonable. The jury must assess reasonableness in all the circumstances as the defendant believed them to be.

Parties
Respondent: Regina; Appellant: Steven Jason Ray
Jurisdiction
England and Wales
Judgment Date
26 September 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Self Defence, Householder Defence, Reasonableness of Force, Statutory Interpretation
Criminal Law Self Defence Householder Defence Reasonableness of Force Statutory Interpretation

Case Brief

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Parties

Regina

Respondent

Steven Jason Ray

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether s.76(5A) of the Criminal Justice and Immigration Act 2008 was correctly interpreted regarding the householder defence of self defence
  2. 2 Whether the use of force by a householder that is not grossly disproportionate is necessarily reasonable

Ratio Decidendi

The amendments to s.76 of the Criminal Justice and Immigration Act 2008, as interpreted in Denby Collins, correctly refine the common law by allowing householders to use disproportionate force that may nevertheless be reasonable, but force that is grossly disproportionate is never reasonable. The jury must assess reasonableness in all the circumstances as the defendant believed them to be.

Court Disposition

Appeal dismissed

Orders

  • The conviction and sentence stand; no change to the trial outcome.