A trial judge must leave self-defence to the jury in a murder case even where the accused has adopted a forensic strategy of outright denial of participation in a joint criminal enterprise, provided there is evidence from which the jury could reasonably infer the requisite belief. Self-defence is not precluded by the doctrine of joint criminal enterprise. A direction that tendency evidence relied on by an accused must be proven on the balance of probabilities is erroneous, but such an error will not warrant setting aside a verdict where the tendency was overwhelmingly established by unchallenged evidence.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
7 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.