Defence of Property and Reasonable Force: R v Gill [2023] EWCA Crim 259

In R v Gill [2023] EWCA Crim 259, the appellant, Gill, appealed his conviction for wounding with intent under the Offences Against the Person Act 1861. Gill had pleaded guilty to other charges related to drug conspiracy and possession of criminal property. During a police raid on his home, officers entered without initially identifying themselves, leading Gill to believe he was being attacked by intruders. In response, he stabbed a police officer, later claiming self-defense.

The core issue on appeal was whether the force used by Gill was "grossly disproportionate" under s.76(5A) of the Criminal Justice and Immigration Act 2008, a provision that grants householders greater latitude in using force against perceived intruders. The trial judge did not instruct the jury on this defense, leading the Court of Appeal to find the conviction unsafe. The court ruled that the appellant should have been allowed the benefit of the householder defense, and the jury should have considered whether he genuinely believed the officers were trespassers. The appeal was allowed, the conviction quashed, and a retrial ordered.