LAW OF SELF DEFENCE

Greymouth Evening Star, 31 July 1929, Page 7

LAW OF SELF DEFENCE

JUDGE’S DIRECTION.

SYDNEY, July 13.

Judge Curlewis, in the Quarter Sessions yesterday, made an interesting statement as to what the law of selfdefence is. He told a jury very plainly that a man who realised that he was about to be assaulted was entitled to anticipate the assault, and deal promptly with the assailant. The case was one in which James Houston (25), a fireman employed at the Balmain Colliery, was charged with having assaulted Henry Hardy Horton, another fireman in the same bmploy, at Balmain on May 16, occasioning him actual bodily harm. Mr. L. J. McKean appeared for lhe Crown, and Mr. T. S, Holden for the accused. The story was that Horton was in a hotel when Houston entered and accused him of taking his job at the colliery. A quarrel ensued, during which Horton offered to fight Houston, and the latter said that he struck Horton in self-defence.

During a discussion Mr. McKean submitted that before a man laid hands on the person who threatened him ho should treat with that person. His Honor: I think I can direct the jury to ignore that. It is common sense for one to defend himself quickly if attacked. But there is another aspect: if you think, that a person is merely going to give you a light blow, you would not be justified in shooting him.

In spite of his Honor’s direction the jury expressed the desire to consider the point. After deliberating for a considerable time, the jury returned into Court to ask questions. “Now, what is it you want?” asked his Honor, “Facts or law? 1 thought that I had made the position very clear. If a man conies up to hit you, you are entitled to hit first. If that is not good law, it is good sense.” After another deliberation in the box the jury at last intimated that it had arrived at a decision, and. acquitted the accused, who was discharged.