Householder Case

• R v Martin implications 


  government forced to review law for householders

  s76 (5A) criminal justice and immigration act- "in householder cases, the degree of force used by D is not to be regarded as reasonable in circumstances as D believed then if it was grossly disproportionate"
• defined in

  s76(8A) criminal justice and immigration act

  concerned with force used by D while in or partly in a building that is dwelling or accommodation or both

  D is not a trespasser and believed V to be a trespasser at that time
• original test 


  a) was force grossly disproportionate in circumstances he believed them to be

  b) if no, was the force reasonable in the circumstances he believed them to be
• New test

  R v Ray - D in relationship with V former partner, feared use of a knife and fatally stabbed V.

  New test

  1. whether degree of force is reasonable in circumstances D believed them to be

  2. Householder not acted reasonably if force is grossly disproportionate

  3. degree of force that went over the top would be considered grossly disproportionate

  4. May or May not be regarded as acting reasonably if force was disproportionate
• jury consider:

  shock of coming across intruder

  time of day

  presence and vulnerability of others in the home

  if weapons were used/picked up

  conduct/previous conduct of intruder