| 词条 | R v Williams |
| 释义 |
| name = Williams (Gladstone) [1987] | court = Court of Appeal (Criminal Division) | image = | caption = | date decided = 28 November 1983 | full name = R v Williams (Gladstone) | citations = [1987] 3 All ER 411; (1987) 78 Cr App R 276 | subsequent actions = | opinions = Lord Lane Justice Skinner and Mr. Justice McCowan | transcripts = | keywords = Mistake of Fact, Reasonableness }} Williams (Gladstone) was a case heard in the UK Court of Appeal in 1983 and established that a mistake of fact can be a successful defence regardless of whether the belief is reasonable or not. FactsThe defendant saw a youth being dragged along the street by the victim while the youth shouted for help. The victim had seen the youth mug a lady, and had grabbed the youth. The defendant intervened, believing that the young boy was being assaulted. The victim claimed to be a policeman, which was not true, and could not produce a warrant card when asked. A fight followed, and the victim "sustained injuries to his face, loosened teeth and bleeding gums". At the trial the jury were told that mistake can only be a defence if the mistake was reasonable. The jury returned a verdict of guilty. JudgmentLord Lane gave the leading judgement and stated that: {{Quotation|The reasonableness or unreasonableness of the defendant's belief is material to the question of whether the belief was held by the defendant at all. If the belief was in fact held, its unreasonableness, so far as guilt or innocence is concerned, is neither here nor there. It is irrelevant."}}See also
ReferencesExternal links
4 : English criminal case law|Court of Appeal of England and Wales cases|1983 in British law|1983 in case law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。