Daniel Wills v R
[2024] EWCA Crim 789
R v Shaun Nicholas Integrity
23 May 2024
[2024] EWCA Crim 620
Court of Appeal
A soldier punched someone at a barbecue and was convicted of assault. He claimed self-defence, but the court said the judge correctly explained the law on the amount of force used, even though the prosecution didn't focus on that. The appeal was dismissed because the court didn't think the verdict was unfair.
Key Facts
- •Applicant (Shaun Nicholas) convicted of assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861) on 23 March 2023.
- •Incident occurred at a barracks barbecue where the complainant threw a sausage into the applicant's room.
- •Applicant punched complainant, causing multiple cheekbone fractures.
- •Applicant claimed self-defence; complainant and witnesses contradicted this.
- •The main issue on appeal is whether the judge was correct to direct the board on the reasonableness of the force used in self-defence, even though the prosecution did not explicitly argue excessiveness of force.
- •Applicant's counsel did not object to the judge's directions at trial.
Legal Principles
Two-limb test for self-defence: (1) the defendant acted in self-defence; (2) the force used was reasonable.
Common law
A jury (or board) does not need to be told the whole law, only what is necessary to resolve the issue of guilt.
Judges' Bench Book (August 2023, paragraphs 23 and 24)
If there is agreement that if self-defence applied, the force used was reasonable, then directions on the reasonableness limb are unnecessary.
R v Keen and R v McGrath [2010] EWCA Crim 25414
A misdirection doesn't automatically render a verdict unsafe; the court considers whether the verdict is unsafe in the context of the whole case.
R v Johnson [2016] EWCA Crim 1613
Outcomes
Appeal dismissed.
No agreement existed that the force was reasonable if self-defence applied. The issue was explored in evidence and closing speeches. The judge's directions were correct and did not render the verdict unsafe.
Application for extension of time dismissed.
Appeal dismissed, making the extension of time issue moot.