A-G Ref (2 of 1983) [1984] QB 456

Defendant feared that Xs, who had previously damaged his property in a riot, would return and therefore he made some petrol bombs in case they returned. Making such explosives was illegal.

The judge allowed a self-defence direction and Defendant was acquitted.

In response to AG’s certified question (can self-defence apply to the act prohibiting making explosives), CA ruled that it could. It also said that it would be illegal to keep the bombs once the threat had passed.

They said self-defence applied where it was Defendant’s object to defend himself, his family or his property against apprehended immediate attack and that he did so by means which he believed, in the circumstances, were no more than “reasonably necessary” to meet the force of the attackers.