D.P.P.-v- Anthony Barnes [2006] IECCA 165 (21 December 2006)

D.P.P.-v- Anthony Barnes [2006] IECCA 165 (21 December 2006)

Burglary is an act of aggression; a burglar cannot rely on self defence to escape liability for killing a householder during a burglary. The householder is entitled to use force to defend their dwelling, and the trial judge's charge, even if erroneous, was more favourable to the accused than the law required. The jury was entitled to reject Barnes's account, and the application for leave to appeal is refused.

Citation
[2006] IECCA 165
Parties
Prosecutor/respondent: Director of Public Prosecutions; Defendant/applicant: Anthony Barnes
Jurisdiction
Ireland
Judgment Date
21 December 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
application refused
Legal Topics
Burglary, Self Defence, Manslaughter, Defence of Dwelling, Castle Doctrine, Burden of Proof
Criminal Law Constitutional Law Burglary Self Defence Manslaughter Defence of Dwelling Castle Doctrine Burden of Proof

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Anthony Barnes

Defendant/applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether a burglar can rely on self defence when killing a householder during a burglary
  2. 2 What degree of force is permissible for a householder in defending their dwelling
  3. 3 Whether the trial judge erred in charging the jury on self defence and burden of proof

Ratio Decidendi

Burglary is an act of aggression; a burglar cannot rely on self defence to escape liability for killing a householder during a burglary. The householder is entitled to use force to defend their dwelling, and the trial judge's charge, even if erroneous, was more favourable to the accused than the law required. The jury was entitled to reject Barnes's account, and the application for leave to appeal is refused.

Court Disposition

application refused

Orders

  • Leave to appeal refused