HMA v Doherty (1954 JC 1)
Citation:HMA v Doherty (1954 JC 1)
Rule of thumb: What is the test for self-defence in criminal law? The test for self-defence is that you must be in imminent danger, and you must try to escape or retreat when possible & not excessively defend yourself.
Judgment:
'There must be imminent danger to the life or limb of the accused” 2. “The retaliation that he uses in the face of this danger must be necessary for his own safety... “you do not need an exact proportion of injury and retaliation; it is not a matter that you weight in too fine scales…some allowance must be made for the excitement or the state of fear or the heat of blood at the moment of the man who is attacked”.”. 3. “If the person assaulted has means of escape or retreat, he is bound to use them”, Lord Keith
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