​KembaraXtra-Case Law-Palmer (1971) PC
​Study Notes on Self-DefenceI. Case Summary

• Parties: Palmer (Defendant, D)
• Facts:
  • D was armed and with a group to purchase illegal narcotics.
  • A dispute arose with suppliers.
  • D and group fled without paying.
  • A chase ensued.
  • One of the pursuers was shot and killed.
• Outcome: D was not guilty of murder.

II. Key Legal Principles - Self-Defence

• Source: Lord Morris's Statement
• Core Idea: Individuals are permitted to take immediate defensive action when in immediate peril.

A. Requirements for Defensive Action

1. Serious Attack: The attack must be serious enough to place the individual in immediate peril.
2. Reasonable Necessity: Defence must be reasonably necessary in the circumstances.

B. Standard of Review for Defensive Action

• No "Nicety" of Measure: A person defending themselves cannot weigh to a nicety the exact measure of his necessary defensive action in a high-stress situation.
• Honest and Instinctive Belief:
  • If a jury believes that in a "moment of unexpected anguish," the attacked person only done what he honestly and instinctively thought was necessary,
  • This is considered most potent evidence that only reasonable defensive actions had been taken.

III. Application to Palmer (1971)

• The court likely considered the high-stress, dangerous situation (chase after an illegal transaction dispute involving a gun) when assessing D's actions.
• The principle that one cannot precisely measure defensive action in a moment of panic was central to the "not guilty" verdict.