H.M. Advocate v. Raiker 1989 S.C.C.R. 149
Citation: H.M. Advocate v. Raiker 1989 S.C.C.R. 149
Rule of thumb: Can you ever throw the first punch and still claim self defence? Can you ever act in pre-emptive self-defence? Can you ever throw the first blow and still claim self-defence? Yes, if you can prove that you were in genuine danger of serious injury, but it is a difficult point to argue.
Judgment:
'the law is that where a person has a real, a genuine, a justifiable fear that if he does not act in accordance with the orders of another person, that other person will use life-threatening violence against him or cause it to be used, and if as a result of that fear and for no other reason he carries out acts which have all the typical external characteristics of criminal acts like assault or theft, then in that situation he cannot be said to have the evil intention which the law says is a necessary ingredient in the carrying out of a crime. In other words, he lacks the criminal state of mind that is a necessary ingredient of any crime, he lacks the evil intention which I have sought to describe earlier and which is part of my description or definition of assault’. Lord McCluskey
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.