Williams (Gladstone) [1987] | |
Court: | Court of Appeal (Criminal Division) |
Date Decided: | 28 November 1983 |
Full Name: | R v Williams (Gladstone) |
Citations: | [1987] 3 All ER 411; (1987) 78 Cr App R 276 |
Opinions: | Lord Lane Justice Skinner and Mr. Justice McCowan |
Keywords: | Mistake of Fact, Reasonableness |
Williams (Gladstone) was a case heard in the English 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.
The 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.
On appeal, Lord Lane gave the leading judgement and stated that: