source: The Guardian
published: 27 October 2015
The family of Mark Duggan have been granted permission to appeal against a high court decision that the jury at the inquest into his death were right to rule that he was lawfully killed.
Ruling that an appeal had a chance of success, Lord Justice Sales said although the earlier court decision had been “cogent”, the questions for the jury at the inquest had been “framed too narrowly”.
The outcome of the appeal rests to a large extent on the decision of the European court of human rights in the case of Jean Charles de Menezes, the Brazilian electrician shot dead by police in 2005.
That case will decide whether the principle of self-defence, used by the officer who shot Duggan, must include an element of objective justification for the subjective belief that the victim posed a threat.