Private defence (Record no. 74969)

MARC details
000 -LEADER
fixed length control field 01653cam a2200241 4500
001 - CONTROL NUMBER
control field ABS68849
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050322n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129137
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Murdie, A.
245 ## - TITLE STATEMENT
Title Private defence
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
490 ## - SERIES STATEMENT
Series statement Solicitors' Journal
Volume/sequential designation 149(9) 4 March 2005, 254(1)
520 ## - SUMMARY, ETC.
Summary, etc. Examines the issue of the application of force in defence of property in the light of the "DPP v Bayer", ([2003] EWHC 2567 (Admin), [2004] 1 WLR 2856) judgment, which has if anything narrowed the right to defend property. The defendants (B), who had obstructed the planting of genetically-modified (GM) crops, raised at trial a plea of defence of property at common law believing that the GM crops would cause environmental damage nearby. This district judge accepted this defence but it was overturned on appeal. CA determined that since there had been no unlawful act or criminal threat to property, the justification of private defence could not stand. Concludes that "Bayer", although consistent with earlier authority that an objective unlawful threat is necessary for a plea of private defence to succeed, failed to address situations where defendants mistakenly use force in the wrong belief that their property is endangered. View "Bayer" at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DPP V BAYER
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GENETICALLY MODIFIED CROPS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRESPASS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMON LAW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 S68(1)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2003/2567.html">https://www.bailii.org/ew/cases/EWHC/Admin/2003/2567.html</a>
Public note View the decision on the BAILII website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 22/03/2005   ABS68849 129137-1001 06/08/2019 1 06/08/2019 Journal article