The appellant sought to rely upon what is colloquially described as the "householder defence" introduced by way of amendment into section 76 of the Criminal Justice and Immigration Act 2008 ("the 2008 Act") by the Crime and Courts Act 2013. The judge ruled that the householder defence applied only to cases where the person injured as a result of the use of self-defence was an intruder, rather than somebody who had entered the premises lawfully but thereafter become a trespasser. Moreover, he ruled that there was no evidence that the defendant believed that Lance Corporal Lindley was a trespasser.
Subsection 8A(d) is concerned with the belief of the defendant whether the person concerned was in, or entering, the building or part as a trespasser, not a belief whether the person entered the building as a trespasser.
The defence is not directly concerned with the question whether someone was or was not a trespasser but rather the defendant's belief. No doubt, the clearer it is that someone was a trespasser the more readily a jury will not be troubled by the issue whether the defendant did or did not hold the belief.