In what circumstances can a private householder claim that he did not commit a crime, in using violence, because he was warding off a threat from an intruder? It is rare for national courts in England and Wales to consider this controversial question in the light of the state’s obligation to protect the right to life (Article 2 of the European Convention of Human Rights). For this reason, the Divisional Court’s decision in R (Collins) v Secretary of State for Justice  EWHC 33 (Admin) merits attention.
|Number of pages||6|
|Journal||Law Quarterly Review|
|Publication status||Published - 1 Jul 2016|