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- Title
Opening the Door to Vindication: Reviewing the Evidential Bases for the 'Householder Defence': R v Magson [2022] EWCA Crim 1064.
- Authors
Ball, James J; Thomas, Mark
- Abstract
Opening the Door to Vindication: Reviewing the Evidential Bases for the "Householder Defence": R v Magson [2022] EWCA Crim 1064 Keywords: Householder defence; self-defence; murder; summing up; evidential basis; householder; trespasser EN Householder defence self-defence murder summing up evidential basis householder trespasser 372 376 5 10/12/22 20221001 NES 221001 Section 76 Criminal Justice and Immigration Act (CJIA) 2008, as amended by s 43 Crime and Courts Act 2013, introduced the so-called "householder case" into our domestic law. Lord Burnett CJ at [23] does make reference to the fact that the householder defence was not raised by the defence or trial judges: That, no doubt, explains why the point did not occur to two separate experienced and skilled criminal defence teams nor to two experienced trial judges.
- Subjects
JUDGES; LEGAL judgments; LEGAL evidence; COMMON law; JURY instructions
- Publication
Journal of Criminal Law, 2022, Vol 86, Issue 5, p372
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/00220183221124770