Abstract
On 16 January 2016, the Divisional Court gave judgment in the case of Collins. In the judgment, Sir Brian Leveson P provided an authoritative statement as to the meaning of ‘grossly disproportionate’ within the law of self-defence for householders. First introduced in 2013, clarity on the meaning of the phrase has been long awaited by both the academic and the practitioner. The court’s interpretation of the phrase has disturbed the understanding of many and will cause many editions of upcoming criminal law textbooks to be rewritten on this point. This paper will examine whether the Divisional Court was correct in its interpretation by attempting to find the true intention of Parliament in drafting the legislation. The paper will also examine how the householder defences operates in modern practice and its suitability to the law of self-defence.
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