Courts / Dublin / Report

Person entitled to protect themselves from attack once force used is 'reasonable and proportionate', judge charges Josh Dunne murder trial jury

Date
2022-06-09

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In a murder trial at the Central Criminal Court, Judge Paul Burns explained to the jury that a person may use force to protect themselves if it is reasonable and proportionate to the attack. He told the jury that George Gonzaga Bento, a 36‑year‑old Brazilian delivery cyclist, admitted stabbing 16‑year‑old Josh Dunne but claimed the killing was lawful because he and a friend were attacked by a bike thief and a group of teenagers. The judge clarified that a person acting in self‑defence may continue to use force only while it remains necessary; once it is no longer needed, further force is not self‑defence. He instructed the jury to assess whether Bento honestly believed his actions were necessary, whether the threat was imminent, and whether he had an opportunity to retreat. If the jury finds that Bento used no more force than was reasonably necessary, he would be acquitted.

Who, what, where, when and why

What: Report matter: Person entitled to protect themselves from attack once force used is 'reasonable and proportionate', judge charges Josh Dunne murder trial jury. Charges or matters: murdering 16-year-old Josh Dunne at East Wall Road, East Wall on January 26, 2021; each of the four counts. Procedural stage: trial

When:

January 26, 2021 Incident
2022-06-09 Publication

Why: He has also explained to the jury that the accused man, George Gonzaga Bento, accepts that he stabbed Josh Dunne but the accused's position is that the killing was lawful because he was acting in self-defence after he and his friend were attacked by a bike thief and a group of teenagers. Defence account reported by CNI